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Overseas workers - examples of cases involving international employment issues
09 May 2006
Globetrotting Executive
We represented a senior executive sent from the UK to the USA and then Malaysia to help run a container shipment business. Following his dismissal, we assisted him in threatening legal proceedings against his employer on the basis that UK law applied to his employment. The case raised interesting questions about the duty on a globetrotting executive to mitigate his loss by finding other work. The case was satisfactorily resolved.
Trans-Atlantic Negotiations
We represented a very senior manager, based in mainland Europe, of a global products company in sensitive negotiations over the termination of her employment. We persuaded her employers at the US headquarters that UK law applied and we dealt directly with the employer's US attorney to produce a satisfactory settlement.
International Race Claim
We represented a manager of a French company, recruited in the UK but working in France, in race discrimination proceedings in the Employment Tribunal, following anti-English remarks made against him by a French director of the company. The case was settled satisfactorily.
Engineer based in Saudi Arabia
Our client wanted to bring a claim constructive dismissal while he was working in Saudi Arabia for an international British-based company, under a UK contract. We advised him on the applicability of UK and European employment law. We also went on to represent the same client in a complex pension claim.
Swiss-based Employee
In another overseas worker claim, our client was employed by a UK company, but was based in Switzerland, where he worked from home. We acted for him in a contract dispute, relating to the failure of the company to pay him commission. We found that UK law governed this contract.
Senior Executive in International Oil Company
Our client, a senior executive, was seconded out to work in Houston, Texas. When he was dismissed by reason of redundancy, we found that, despite being based in the States, UK law applied to his contract, and we therefore issued proceedings in the employment tribunal and succeeded in negotiating a settlement for him on that basis.
Working in South-East Asia for US company
Our client was employed by a US oil company, and based in Malaysia. We acted for him in relation to his termination, negotiating his compromise agreement on the basis of UK law, which was found to be applicable in the case.
Financial Executive on Secondment to US Office
Our client was unfairly dismissed after being seconded out to work in the New York office of this US financial services corporation. We negotiated the settlement and terms of her dismissal on the basis of UK unfair dismissal law, which was more favourable than the US equivalent.
We have advised dozens of senior executives based in countries as diverse as Poland, Russia, Korea, Brazil, Mexico, Kenya and Australia on applicability of UK law to their employment situations.
B Clarke - House of Lords Extends UK Employment Law to Overseas Workers