FAQ's
Q. I am a foreign national working in Great Britain. If I am sacked, can I claim unfair dismissal in Great Britain?
A. In most cases, the answer will be yes because you are employed in Great Britain. The fact that you are not a British citizen is irrelevant, and the fact that your contract may state that it is governed by the law of your home country is also irrelevant. (There may be consequences for your immigration status, especially if you were working in Great Britain under a work permit.)
Q. I work in Great Britain, but my work involves lots of international travel and some lengthy postings overseas. If I am sacked, can I claim unfair dismissal in Great Britain?
A. You may be able to, but it will depend on the facts. An Employment Tribunal should adopt a "common sense" approach, which involves looking at whether the "base" of your employment is Great Britain. If you are treated for most purposes as "based" in Great Britain, you should be able to bring an unfair dismissal claim here even if you have been overseas for some time.
Q. I have worked overseas for some years. My employer accused me of gross misconduct and sacked me on the spot. I don’t believe that what I did amounts to gross misconduct. Can I claim unfair dismissal in Great Britain?
A. Generally, no you can't, simply because your employment is not in Great Britain. However, a British expatriate can bring a claim for unfair dismissal in a few exceptional cases. This might include working overseas for a British employer in a political or social British "enclave" (such a British military base). It might also include being posted abroad by a British employer for the purposes of a business carried on in Great Britain (such as a foreign correspondent on the staff of a British newspaper).
Q. I work overseas but my employer has sexually harassed me. Can I bring a claim of sex discrimination in Great Britain?
A. The test for bringing an unlawful discrimination claim in Great Britain is different from the test for an unfair dismissal claim. In fact, you can bring a claim of unlawful discrimination in Great Britain even if you work wholly outside Great Britain! However, to do so you must satisfy three conditions: (1) your employer must have a place of business at an establishment in Great Britain; (2) your work overseas is for the purposes of the work carried on that establishment; and (3) you were "ordinarily resident" in Great Britain at the time when you applied for or got offered the job or at any time during your employment.
Even if you do not satisfy these conditions, you might still be able to bring a claim if you can show that, looking at your employment as a whole, you have worked "partly" in Great Britain. For this purpose, even attendance at a training course in Great Britain might be sufficient.
Q. I am working in the United States. I have found out that I can sue my employer there as well as in Great Britain. If I win both claims will I get twice as much damages?
A. No. If you bring a claim under the local law of the host country and then a claim in Great Britain, any compensation that your employer is ordered to pay in the USA would have to be taken into account by an Employment Tribunal here. There can be no double recovery.
Q. I work for an international bank. I was recruited in London but have been based in Tokyo for the last six years and my entire working life has been based there from the start. I have only returned to Great Britain for holidays. I have a twelve-month notice period and have just been sacked on the spot. What can I do?
A. You probably can't bring an unfair dismissal claim in Great Britain because you have not been based here and you do not fall into the exceptions identified above for long-term British expatriate employees. However, if your employer has its registered office in the UK (or its central management is exercised here) you should be able to bring a wrongful dismissal claim here (which is a breach of contract claim based on the failure to give you proper notice).
Q. My employer is outsourcing my department overseas. How will this affect my employment rights?
A. If you were interested in this option, you might actually have the right to transfer overseas under a legal provision called "TUPE". If the transfer resulted in the closure of your department, you should be able to bring a claim of unfair dismissal and a claim for a redundancy payment in Great Britain.
Q. If I have already won my employment claim in a foreign court, can I enforce that judgment in the UK?
A. If your employer is resident or has a place of business in the UK it may well be possible to enforce a foreign judgment here.
Q. Are there any advantages to bringing a claim in a British Employment Tribunal?
A. There may be advantages to relying on British law, as in some respects it offers greater protection than foreign jurisdictions, such as with some discrimination, whistleblowing and unfair dismissal claims. Also the general rule is that you do not have to pay the other side's costs if you lose your claim (although there are important exceptions). However, assessment of compensation in some European countries is more generous than in Great Britain.