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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work in iraq for a security company based in London, Dubai,

Customer Question

i work in iraq for a security company based in London, Dubai, and the but signed my contract with a british company via email are they and the individuals that work for them still bound buy United Kingdom employment law ??????
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

JACUSTOMER-srisvnkw- :

Ben contracts get sent back to London so i guess the uk

JACUSTOMER-srisvnkw- :

apologies been busy with work

Ben Jones :

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:

  • Employees ordinarily working in Great Britain
  • Peripatetic employees, where their base should be treated as their place of employment so even if they worked overseas, if their main base or where the started/finished their work was the UK then that would qualify as their country of jurisdiction
  • Expatriate employees, who have been posted abroad by a British employer for the purposes of a business carried on in Great Britain, such as a foreign correspondent on the staff of a British newspaper.
  • If the employee has a sufficiently strong connection with the UK, such as having his home there, being paid in £ and paying taxes in the UK, received a UK pension, etc

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

Ben Jones :

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

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