Working abroad

The facts

A number of Ministry of Defence employees experienced discrimination while working abroad. The EAT had to decide whether they had the right to bring a discrimination claim, since individuals may not bring such claims if they do their work wholly outside Great Britain.

The ruling

The EAT noted that the legislation had been amended; previously, individuals could not bring a claim if they were "wholly or mainly" employed outside Great Britain. It held that, although some of the claimants were occasionally located in Great Britain (in one case, for example, to attend a wedding), this did not mean that they were not wholly located outside Great Britain.

However, the EAT held that one individual, who mostly worked outside Great Britain but sometimes was contractually obliged to attend or give training within Great Britain, was eligible to bring a claim.

Saggar v Ministry of Defence and others UKEAT/1385/01