Non-UK employee seconded to UK by non-UK employer may claim

In Pervez v Macquarie Capital Securities Ltd the EAT confirmed that an English employment tribunal could hear a discrimination claim and an unfair dismissal claim brought by a non-UK national against his Hong Kong-based employer. The only UK connection was that he had been seconded to work for another company in the UK.

So far as the discrimination claim was concerned, it arose when he was working 'wholly or partly in Great Britain'. So far as his unfair dismissal claim was concerned he was also found to be 'working in Great Britain' even though he was only on secondment and his base remained in Hong Kong.

Each case will depend on its facts. However, the EAT noted that, even in a case such as this where the acts complained of occurred outside the EU, the EU cases might provide a 'more direct route ' to the same result. In practical terms, care must be taken over terms of any secondment – and particularly any extended secondment - as to which organisation is at any time the 'employer'.