ENGLISH EMPLOYMENT LAW: THE UK’S NEW EXPORT? LATEST DEVELOPMENTS IN CROSS-BORDER APPLICATION

Jonathan Chamberlain, Partner, Employment Team, Wragge & Co LLP; and Jacques Algazy, Cloisters

History

Section 196 Employment Rights Act 1996:

“2. The provisions to which this subsection applies do not apply to employment where under the employee’s contract of employment he ordinarily works outside Great Britain”

Section 196 was repealed on 25 October 1999, removing any legislative provision governing territorial jurisdiction in the ERA;

Repealed in order to give effect to the Posted Workers Directive;

The failure to enact any alternative test within the statute – what result intended?

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