Hello, my name is Ben and it is my pleasure to assist you with your question today. Does your contract state which country's laws govern it?
Ben contracts get sent back to London so i guess the uk
apologies been busy with work
Hi, the first point of reference would be the contract itself. It should contain a clause, usually somewhere towards the end, which states which country's laws govern the whole contract. In the absence of such a clause the key would be whether you have a sufficiently close connection with the UK because that is how courts determine if they have jurisdiction to hear any complaints under that contract.
The leading case is Lawson v Serco, which dealt with protection against unfair dismissal under UK law, but which still encompasses the general rights of overseas employees when they try and claim protection under UK law. It held that four types of situations allow overseas workers to claim such protection:
The above are all factors which can bring forward an argument that the employee is protected under UK laws and whilst the affected employee can certainly raise this issue with their employer if necessary, only a court or tribunal can decide whether they would be covered by UK laws so it means you will only for certain if there is a dispute and you pursue a legal claim as a result
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much