Last month’s Supreme Court decision about a British teacher at a European School in Germany leaves the way open for workers abroad to bring discrimination claims against British-based employers, even if they have been outside the country for the duration of their employment.

The factual and legal background to Mr Duncombe’s case is very unusual, and, contrary to expectations, it has not provided definitive guidance on the territorial scope of British discrimination law. However, the Supreme Court has endorsed the view that where a claimant’s rights are derived from underlying EU law, then a mechanism needs to be found to ensure that these rights can be effectively enforced in the case of expatriate workers. Since the vast majority of our domestic discrimination law is underpinned by a corresponding EU directive, employers need to be aware that actions taken in relation to British workers abroad – particularly in the EU – may give rise to claims being brought against them in Britain.