Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133 (13 October 2009)

Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133 (13 October 2009)

Section 199(7) ERA 1996 is not exhaustive; a seaman on a foreign-registered ship can claim unfair dismissal if his employment is based in Great Britain according to the principles in Lawson v Serco. Mr Diggins was based in Great Britain, so the tribunal had jurisdiction.

Citation
[2009] EWCA Civ 1133
Parties
Respondent/claimant: Diggins; Appellant/defendant: Condor Marine Crewing Services Limited
Jurisdiction
England and Wales
Judgment Date
13 October 2009
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Jurisdiction, Seafarers' Employment Rights
Employment Law Unfair Dismissal Jurisdiction Seafarers' Employment Rights

Case Brief

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Parties

Diggins

Respondent/claimant

Condor Marine Crewing Services Limited

Appellant/defendant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether a seaman employed on a ship not registered in a UK port can claim unfair dismissal under UK law
  2. 2 Whether the Employment Tribunal had jurisdiction in the specific circumstances of this case

Ratio Decidendi

Section 199(7) ERA 1996 is not exhaustive; a seaman on a foreign-registered ship can claim unfair dismissal if his employment is based in Great Britain according to the principles in Lawson v Serco. Mr Diggins was based in Great Britain, so the tribunal had jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Employment Appeal Tribunal decision affirmed
  • Employment Tribunal has jurisdiction to hear Mr Diggins' unfair dismissal claim