Unfair Dismissal - Territorial Jurisdiction

[Thanks to Rosa Dickinson of St Philips Chambers for preparing this case summary]

Is failing to be within one of Lord Hoffmann's three categories of employees who fall within the jurisdiction of employment tribunals (as per Lawson v Serco) fatal to a claim for unfair dismissal? No, according to the Supreme Court in the case of Ravat v Halliburton Manufacturing and Services Limited.

The question in every case is whether the right not to be unfairly dismissed applies to the particular case notwithstanding its foreign elements. Tribunals should assess whether the connection with Great Britain is strong enough to overcome the general but not absolute - rule that the place of employment is decisive. This will be a question of fact and degree. In this case, Mr Ravat (who was based in Libya) did not fall within any of Lord Hoffmann's 3 categories but his claim did fall within the tribunal's jurisdiction as there was a stronger connection with Great Britain than with Libya. This was due to factors such as Mr Ravat residing in the UK and getting his travel expenses paid, and his salary being paid in Sterling to a UK bank account.