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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I was employed in the uk for a job overseas and have now been

Resolved Question:

I was employed in the uk for a job overseas and have now been made redundant. Does uk law apply or overseas? I was given some relocation expense to go overseas as well as flight cost. Can I claim relocation back to the uk?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today does your contract say which laws apply to it?

Customer: Thank you for your response. I am not certain but do not think so. It was 24yrs ago. I need to find the original letter. If it does then presumably that prevails and if it does not, does uk law prevail?
taratill :

Well that depends. Have you been overseas for the entire time (24 years) and does the employer have a strong UK presence?

Customer: Yes I have been with the same employer working overseas for 24 years. The employer did not have a presence in the uk when I was hired there but they have for several years now.
taratill :

well the first port of call is the what the contract says. If you have a copy check that and if not then you can ask them for a copy.

taratill :

Jurisdiction is a difficult issue, it does not help you that your employer was not connected to the UK for your entire appointment, nor does the duration of the appointment help. It is likely that it would be deemed to be the country of residence that has jurisdiction to hear a dispute.

taratill :

It would be reasonable to assume that the employer would pay your repatriation expenses but this is a matter of what is agreed with them. You would expect the detail to be in the contract.

Customer: The offer letter was subject to obtaining a work permit and was for employment abroad. It was provided to me and I accepted while in the uk. It was for two years extended mutually thereafter and $1500 relocation was provided along with airfare for myself and a partner. After probation three months notice was required. The labour code where I live provides for only two months notice and my employer has chosen to provide only the minimum severance pay with 2.5 months pay, for 24 years of service. Hence my question as to whether uk law might prevail. I was doubtful and even then I would have to check whether the uk might offer more. Nothing in my contract as to termination other than 3 months notice.
Customer: Sorry I meant 2.5 months pay in addition to statutory minimums.
taratill :

Hi it is unlikely that UK laws will apply but check your contract. If they do then I will be happy to advise you further.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. Thank you and allt he best.

Customer: Thanks Tara. My offer letter does not state which jurisdiction applies but since the company did not have an office in the uk at the time then I guess it can only mean the overseas jurisdiction applies - it is the British Virgin Islands, in case you are wondering where. Briefly would you mind saying what the severance pay entitlement is in the uk? The bvi has current legislation in a 2010 Labour Code but it provides fairly minimal severance pay and my employer, a law firm, has kept it almost to the bare minimum. Not just for a career of 24 years.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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