Jurisdiction of the tribunals

Case 2: The facts

Karen Jackson, a British national, was hired in the USA to work in the New York store substantially owned and controlled by a UK based company. Jackson was dismissed and returned to the UK to lodge a tribunal claim. She alleged that the Equal Opportunities (Employment Legis-lation)(Termination Limits) Regulations 1999 (covering workers posted to work abroad) meant that a claim could be taken in the UK, provided the ultimate employer was UK based.

The ruling

The EAT held that there was no jurisdiction to hear the claim. Even though she was a British national and the firm was British, her employment did not have a substantial connection with the UK. The 1999 legislation did not grant unlimited extra-territorial jurisdiction. The intention behind the legal change had only been to ensure that employees who were temporarily posted abroad were covered.

* Jackson v Ghost [2003] IRLR 824