As you will be aware, even if an employee does not work for a UK employer or is not usually based in the UK, they could still have statutory employment rights under English law and be entitled to bring a claim in the Employment Tribunal. For example, employees who work abroad for a British employer for the purposes of a business carried on in Great Britain (e.g., foreign correspondent for a UK newspaper), or who work abroad in an extra-territorial British enclave (e.g., on a British military base), or have “equally strong connections with Great Britain and British employment law” could have statutory employment rights in the UK.

In another case on this point (Jeffery v The British Council), a British Council employee working in Bangladesh was allowed to bring an employment claim in the UK, after resigning. The following factors were considered relevant: the employer organisation, employee’s citizenship and recruitment were all UK based; his contract was governed by English law and provided for a notional UK income tax deduction; he was entitled to a Civil Service Pension; and the employer organisation played an important role in the UK.

What Should Employers Do Next?

Be conscious that, even though employees are working abroad, statutory claims (including in relation to discrimination and dismissal) may still be brought before UK Employment Tribunals—particularly when some (or all) of the above factors are present.