British Airways Plc v Mak UKEAT/0055/09/FM

Ms Mak and other Hong Kong based cabin crew flew between Hong Kong and London. The crew also had to take part in a de-briefing session whilst in Great Britain, had duties upon arrival and also had to undergo training here.

The EAT held that as the Claimants worked partly in an establishment in Great Britain the Tribunal had jurisdiction to entertain their claims of discrimination. “Partly” meant more than a de minimis period. The Tribunal had been correct to look at the nature of the job, not simply the proportion of time spent working in Great Britain.

Key point: Employers considering whether an employee works “wholly or partly in Great Britain” cannot ignore the extent of overseas work but the place with which the work has the closest connection is not determinative.