In the case of Mak v BA, the EAT has found that Hong Kong-based cabin crew could bring claims for age and race discrimination in the UK as they had satisfied the requirement of working "partly" in the UK. To determine whether an employee worked "wholly or partly in Great Britain" for the purposes of race and age discrimination claims, the proportion of time spent in the UK is not determinative and it is necessary to look at the nature of the job performed. In a typical year the claimants would complete 28 flight cycles to the UK, which involved performing duties on landing and prior to take off in the UK, and spent about 58 hours per year in hotels in the UK between flights. It was considered that all of these activities were integral to each flight cycle. The EAT also recognised the time which they spent training in the UK, as this was an essential element to their job in an industry where safety is paramount. The EAT held that this was sufficient to qualify as work done partly in the UK and that the claims could be brought.
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Staff based overseas could bring claims for race and age discrimination in the UK
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Senior Patent Counsel
Royal DSM NV