Fuller v United Healthcare Services Inc & Anor (Unfair Dismissal) [2014] UKEAT 0464_13_0409 (04 September 2014)

Fuller v United Healthcare Services Inc & Anor (Unfair Dismissal) [2014] UKEAT 0464_13_0409 (04 September 2014)

The Employment Tribunal was entitled to find, based on the facts, that the claimant's employment relationship was overwhelmingly American in nature and lacked a sufficiently strong connection with Great Britain and British employment law. Therefore, the Tribunal had no territorial jurisdiction to hear the claims...

Source-derived case information.

Citation
[2014] UKEAT 0464_13_0409
Parties
Appellant: Mr Michael Fuller; First Respondent: United Healthcare Services Inc; Second Respondent: Mr Ed Radkiewicz
Jurisdiction
United Kingdom
Judgment Date
04 September 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Sexual Orientation Discrimination, Whistleblowing, Territorial Jurisdiction
Employment Law Equality Law Unfair Dismissal Sexual Orientation Discrimination Whistleblowing Territorial Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Michael Fuller

Appellant

United Healthcare Services Inc

First Respondent

Mr Ed Radkiewicz

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal had territorial jurisdiction to hear claims of unfair dismissal, sexual orientation discrimination, and whistleblowing under UK law for an employee working partly in the UK but employed by a US company

Ratio Decidendi

The Employment Tribunal was entitled to find, based on the facts, that the claimant's employment relationship was overwhelmingly American in nature and lacked a sufficiently strong connection with Great Britain and British employment law. Therefore, the Tribunal had no territorial jurisdiction to hear the claims under the Employment Rights Act 1996 or Equality Act 2010.

Court Disposition

appeal dismissed

Orders

  • No jurisdiction for Employment Tribunal to hear claims under ERA or Equality Act 2010
  • Claims dismissed