Hughes v Alan Dick & Co Ltd.
The employment judge correctly applied the legal test from Lawson v Serco, finding that the claimant's employment was more strongly connected to Nigeria than to the UK, and thus Section 94 did not apply. The absence of equivalent Nigerian rights and the risk of employers evading UK law by posting employees abroad were not relevant factors.
- Parties
- Appellant: John Hughes; Respondent: Alan Dick & Co Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2009
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal (oral Renewal)
- Outcome
- application refused
- Legal Topics
- Unfair Dismissal, Territorial Jurisdiction, Expatriate Employees
Case Brief
Summary, issues, holding and outcome
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Parties
John Hughes
Appellant
Alan Dick & Co Ltd
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal (oral Renewal)
Legal Issues
- 1 Whether an employee working entirely abroad for a UK company can claim unfair dismissal under Section 94 of the Employment Rights Act 1996
Ratio Decidendi
The employment judge correctly applied the legal test from Lawson v Serco, finding that the claimant's employment was more strongly connected to Nigeria than to the UK, and thus Section 94 did not apply. The absence of equivalent Nigerian rights and the risk of employers evading UK law by posting employees abroad were not relevant factors.
Court Disposition
application refused
Orders
- Application for permission to appeal dismissed
Full Case Text
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