Cross border/non-UK employment law

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Author: Anna Henderson, Herbert Smith LLP
Resource type: ELA Briefing
Luckily, most day-to-day employment law practice does not require much understanding of employment law in other jurisdictions. The obvious exception is cross-border transfers and redundancies, where the legal obligations in each jurisdiction may even determine commercial decisions, such as which country’s plant is closed down.
Author: David Cubitt and Kate Sandison, Osborne Clarke
Resource type: ELA Briefing
Ears pricked during Michael Rubenstein’s annual lecture as he outlined matters soon to be determined by the European Court of Justice in the German referral Junk v Kuhnel. The Advocate General’s opinion had already signposted the outcome of this case, which focused on the interpretation of various provisions of the Collective Redundancies Directive (98/59/EC) implemented into UK domestic legislation by the Trade Union and Labour Relations (Consolidation) Act 1992.
Author: Marianna Patané, White & Case, Brussels and Littleton Chambers, London
Resource type: ELA Briefing
As we reported in November’s issue of ELA Briefing, the European Commission has proposed the revision of the Working Time Directive of 2003 (Directive 2003/88/EC). Marianna Patané charts the most recent developments in the legislative process, highlighting the issues that are proving most controversial in the current debate
Author: Helen Ruelle, Mourant du Feu & Jeune, Jersey
Resource type: ELA Briefing
Jersey employment law is undergoing radical change. This is relevant to UK practitioners because Jersey companies are often used as employing vehicles for tax or pension reasons, and many UK trading companies and financial institutions have branches or group companies operating in Jersey
Author: Blair Adams, Olswang Conclusions Christine Jenner, Macfarlanes
Resource type: ELA Briefing
For employment lawyers, questions of jurisdiction often amount to no more than considering in which employment tribunal the claim will be brought. However, after the repeal of s.196 of the Employment Rights Act 1996 (ERA) in 1999, a new area of legal debate opened up in which the fundamentals of statutory employment law became bound up with more exotic principles of jurisdiction and conflict of laws.
Author: Christopher Walter and Harris Bor, Covington & Burling
Resource type: ELA Briefing
In many industry sectors employees are expected to take responsibility for promoting business interests that have international reach. Employees will often travel extensively and/or re-locate in order to do so and employers frequently fail to think through the implications of these international arrangements.
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The last two issues of ELA Briefing have contained articles on the territorial scope of the Employment Rights Act 1996, referring to the recent conflicting decisions of the EAT in Lawson v Serco EAT 0018/02 and Bryant v FCO EAT 174/02.
Author: John Evans
Resource type: ELA Briefing
ELA international committee members Belinda Avery, John Evans, Stephen Levinson and Fraser Younson visited the European Commission for a day in early May. In the morning they met members of the employment directorate with responsibility for various draft directives and initiatives.
Author: Henry Clinton-Davis, head of the employment & HR team and Cerys Williams, associate, at Hale and Dorr, London
Resource type: ELA Briefing
In Lawson v Serco Ltd (EAT/0018/02) (ELA Briefing, May 2003), the EAT held that employment tribunals have jurisdiction to hear unfair dismissal claims from employees based overseas, simply on the grounds that the employer carries on business in the UK
Author: Sam Whitaker is a senior associate at Freshfields Bruckhaus Deringer
Resource type: ELA Briefing
The EAT’s decision in Lawson v Serco Ltd (EAT/0018/02) will be of considerable importance to UK employers with overseas employees. The decision confirms that such employees have the right to bring unfair dismissal claims in UK tribunals. Sam Whitaker reports
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