Jackson v Ghost Ltd & Anor [2003] UKEAT 0547_02_0209 (2 September 2003)

Jackson v Ghost Ltd & Anor [2003] UKEAT 0547_02_0209 (2 September 2003)

Employment Tribunals do not have unlimited extra-territorial jurisdiction under the ERA following the repeal of section 196; claims may only be brought where the employment has a substantial connection with Great Britain. Regulation 11(5) does not confer substantive jurisdiction but determines venue. On the facts, Ms Jackson's employment had no sufficient connection with the UK to ground jurisdiction.

Citation
[2003] UKEAT 0547_02_0209
Parties
Appellant: Ms Jackson; Respondent: Ghost Ltd; Respondent: Ghost Inc
Jurisdiction
United Kingdom
Judgment Date
02 September 2003
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Jurisdiction
Outcome
Appeal dismissed; cross-appeal dismissed; permission to appeal to Court of Appeal granted to Ms Jackson.
Legal Topics
Unfair Dismissal, Jurisdiction, Unlawful Deductions From Wages, Employment Rights Act 1996, Extra Territorial Application
Employment Law Unfair Dismissal Jurisdiction Unlawful Deductions From Wages Employment Rights Act 1996 Extra Territorial Application

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Jackson

Appellant

Ghost Ltd

Respondent

Ghost Inc

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision on Jurisdiction

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear claims of unfair dismissal and unlawful deductions from wages under the Employment Rights Act 1996 where the employment was performed entirely outside Great Britain for a foreign corporation.
  2. 2 Whether the repeal of section 196 ERA resulted in unlimited extra-territorial jurisdiction for Employment Tribunals.
  3. 3 Whether regulation 11(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 confers jurisdiction.

Ratio Decidendi

Employment Tribunals do not have unlimited extra-territorial jurisdiction under the ERA following the repeal of section 196; claims may only be brought where the employment has a substantial connection with Great Britain. Regulation 11(5) does not confer substantive jurisdiction but determines venue. On the facts, Ms Jackson's employment had no sufficient connection with the UK to ground jurisdiction.

Court Disposition

Appeal dismissed; cross-appeal dismissed; permission to appeal to Court of Appeal granted to Ms Jackson.

Orders

  • Appeal by Ms Jackson dismissed.
  • Cross-appeal by Ghost Inc dismissed.