Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/842

Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Pouring oil on troubled waters? Employment tribunals, "jurisdiction" and the territorial scope of unfair dismissal
Authors: Hoey, David
McArdle, David
Contact Email: d.a.mcardle@stir.ac.uk
Keywords: employment law
jurisdiction
dismissal
Issue Date: Dec-2008
Publisher: W. Green
Citation: Hoey D & McArdle D (2008) Pouring oil on troubled waters? Employment tribunals, "jurisdiction" and the territorial scope of unfair dismissal, Juridical Review, 2008 (4), pp. 291-314.
Abstract: This paper analyses five recent EAT decisions that explore the territorial limits of unfair dismissal claims. Those claims have been brought by peripatetic and expatriate workers, and as such they are directly concerned with the ramifications of the House of Lords’ ruling in Lawson v Serco where Lord Hoffmann sought to provide guidance for tribunals in the wake of the repeal of the relevant statutory provision. The authors conclude that despite the best endeavours of his Lordship, and of the tribunals and the EAT in these cases, difficulties will inevitably arise when one seeks to apply his guidance to the complex facts of specific situations. The authors also contend that in the Scottish cases in particular, the word ‘jurisdiction’ has been erroneously and confusingly used in discussions that actually concern the territorial scope of the 1996 Act rather than ‘jurisdiction’ in its pro
Type: Journal Article
URI: http://hdl.handle.net/1893/842
URL: http://www.wgreen.co.uk/details?prodid=7122&unitid=7122&search=juridical%20review&format=all&publisher=green
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author; you can only request a copy if you wish to use this work for your own research or private study.
Affiliation: BTO Solicitors
Law

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