Automated Summary
Key Facts
Miss L Joynat worked as a teacher exclusively in Kuwait under a local contract for The English School for Girls (based in Kuwait). The Employment Tribunal dismissed her claims of discrimination on grounds of sex, race, and religion or belief, and for 'other payments', for lack of territorial jurisdiction, as the employment had no connection to England and Wales. Her British nationality and recruitment in the UK were insufficient to establish jurisdiction, per Lawson v Serco.
Issues
The sole issue was whether the Employment Tribunal had territorial jurisdiction to hear the claim under Rule 8(2) of the Tribunal's Rules of Procedure 2013. The court determined the claim lacked any connection to England and Wales, as the claimant worked exclusively in Kuwait under a local contract, with no 'something more' establishing a sufficient link. The respondent had no UK business presence, the discriminatory acts occurred in Kuwait, and the employment contract was not performed partly in England and Wales. The claims were dismissed for want of jurisdiction.
Holdings
The Employment Tribunal dismissed the Claimant's claims of discrimination on grounds of sex, race, and religion or belief, as well as claims for 'other payments', due to a lack of territorial jurisdiction. The Tribunal determined that the Claimant worked exclusively in Kuwait under a local contract, with no evidence to satisfy any conditions under Rule 8(2) of the Tribunal's Rules of Procedure 2013. Specifically, the Respondent did not carry on business in England and Wales, the acts of discrimination did not occur there, the work was not performed partly in England and Wales, and there was no sufficient connection with England and Wales to confer jurisdiction. The Tribunal found British nationality and recruitment in Britain were insufficient, and the Claimant's line manager living in the UK was irrelevant.
Legal Principles
The Employment Tribunal lacked territorial jurisdiction as the claimant's employment was exclusively in Kuwait under a local contract with no 'something more' to establish a connection with England and Wales. The court applied Rule 8(2)(d) of the Tribunal's Rules of Procedure 2013 and case law (Lawson v Serco, Duncombe, Ravat) to determine that mere British nationality, recruitment in the UK, or line manager residency in the UK was insufficient; a stronger UK connection than the foreign country was required.
Precedent Name
- Ravat v Halliburton Manufacturing and Services Ltd
- Lawson v Serco Limited
- Duncombe v SoS for Children, Schools and Families
Cited Statute
Employment Rights Act 1996
Judge Name
C H O'Rourke
Passage Text
- 10. In respect of that latter point, as to 'connection' with England and Wales, it is clear, applying the authorities set out above, that the claim has not even a partial connection to this jurisdiction. I find this for the following reasons: a. The Claimant worked exclusively in Kuwait, under a local contract. b. Merely being British, or having been recruited in Britain is insufficient in itself. c. Applying Lawson v Serco, there was no 'something more'. d. There is no question of her employment having a stronger connection with UK than Kuwait. e. Where her line manager lived is irrelevant.
- d. that the Tribunal had jurisdiction to determine the claim, by either the claim having a connection, or at least partial connection, with England and Wales.
- 8.3.7.4: 'The circumstances would have to be unusual for an employee who works and is based abroad to come within the scope of British law, stating 'the case of those who are truly expatriate because they not only work but also live outside Great Britain requires an especially strong connection with Great Britain and British employment law before an exception can be made for them.'