www.employmentappeals.gov.uk/Public/Upload/07_033906_0632fhRCJOJ.doc

The EAT in Bleuse v MBT Transport Ltd has re-defined Serco, finding that a German lorry driver who worked in mainland Europe (but not the UK) and whose contract of employment was with a UK registered company could pursue claims for holiday pay under the Working Time Regulations 1998 since these regulations derived from an EU directive. However, claims for unfair dismissal and deductions from wages could not proceed since these derived from purely domestic legislation. This decision is at odds with previous EAT decisions which suggested that only UK based employees could pursue claims under UK legislation. Tribunals will now have to consider whether domestic legislation is derived from EU legislation; whether such legislation is sufficiently precise so as to have direct effect and whether the domestic legislation can be interpreted in accordance with the European legislation. It seems likely that there will be many appeals in this now unfortunately complicated question of jurisdiction.