Employment Rules – Statements – Overseas Worker

Employment Rules – Statements – Overseas Worker

In the event Saggar v Ministry of Defence [2005] , it had been held an overseas based employee of the British business, who was simply a UK resident when recruited or anytime during the employee’s employment, is eligible for provide a discrimination claim in the united kingdom . The claim could be brought also if the worker did no more function in Britain following the move overseas.

After 16 years at a Ministry of Defence base in Britain , Lieutenant Colonel Surinder Nath Saggar was completely stationed in Cyprus from 1998 and was still generally there when he produced a claim for competition discrimination.

The Work Tribunal made a decision that Lieutenant Saggar worked wholly outside Britain and may not file a race discrimination claim in Britain . He appealed from this decision towards the Work Appeals Tribunal (“EAT”).

The EAT dismissed the appeal and held that:-

For Lieutenant Saggar’s claim to achieve success, the EAT would need to go through the entire of his employment from 1982 onwards, and that might be “absurd”;

The EAT was bound by your choice of the Courtroom of Appeal regarding Carver v Saudi Arabian Airlines [1999] where for the purposes of establishing if a tribunal has jurisdiction to listen to a claim, it’s important to consider whether, during the alleged discrimination, the claimant was wholly or mainly employed in Great Britain;
Accordingly, during the alleged discrimination, Lieutenant Saggar worked wholly in Cyprus .
The case visited the Courtroom of Charm and it had been decided that: –

The relevant period for determining whether a claimant worked wholly or mainly outside THE UK may be the whole amount of employment;
This process was supported with the wording in s 8(1) from the Race Relations Act 1976; and
This decision applied equally to all or any employees despite the fact that a person serving in the MILITARY is not a worker as there is absolutely no contract of service.
The problem was remitted to a new tribunal to look for the problem of jurisdiction relative to the Court of Appeal’s judgment.

Comment: That is a substantial decision towards employees. Which means that oftentimes where workers are posted overseas they have entitlement to provide employment claims in the united kingdom . In practice, aswell as complying with the guidelines of the united states where employees will work, it might be practical for employers to use English employment legislation standards aswell.

Please e mail us to find out more: enquiries@

RT COOPERS, 2005. This Briefing Take note does not give a extensive or complete declaration of regulations relating to the problems discussed nor would it constitute legal services. It is designed only to showcase general problems. Specialist legal services should always end up being sought with regards to particular circumstances.

Previous Article
Next Article