Serco Ltd. v Lawson

Serco Ltd. v Lawson

The Employment Tribunal has jurisdiction to hear unfair dismissal claims only where the employment is in Great Britain. The respondent was employed on Ascension Island, not in Great Britain, and thus the Tribunal had no jurisdiction. The correct test is whether the employment is in Great Britain, not the location of the employer or a substantial connection.

Parties
Appellant: Serco Limited; Respondent: Stephen Lawson; Interested Party: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed; claim dismissed
Legal Topics
Unfair Dismissal, Jurisdiction, Territorial Scope of Employment Rights
Employment Law Unfair Dismissal Jurisdiction Territorial Scope of Employment Rights

Case Brief

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Parties

Serco Limited

Appellant

Stephen Lawson

Respondent

Foreign and Commonwealth Office

Interested Party

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Does the Employment Tribunal have jurisdiction to hear a claim for unfair dismissal where the employment is outside Great Britain?
  2. 2 What is the territorial scope of section 94(1) of the Employment Rights Act 1996 after the repeal of section 196?

Ratio Decidendi

The Employment Tribunal has jurisdiction to hear unfair dismissal claims only where the employment is in Great Britain. The respondent was employed on Ascension Island, not in Great Britain, and thus the Tribunal had no jurisdiction. The correct test is whether the employment is in Great Britain, not the location of the employer or a substantial connection.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • The appeal is allowed.
  • The claim for unfair dismissal is dismissed.