TUPE applied to transfers across international borders, and the jurisdictional questions that follow. Holis Metal Industries Ltd v GMB; Xerox Business Services Philippines Inc v Zeb.
TUPE; international; TUPE can apply to a transfer from the UK to a non-EU country (Israel). [Summary checked against a practitioner text, not the judgment.]
Jurisdiction; EU rights; directly effective EU rights can be enforced in the UK even if the employment is outside Great Britain. [Summary checked against a practitioner text, not the judgment.]
Jurisdiction; territorial scope; teachers employed by the UK government in European Schools were within UK jurisdiction. [Summary checked against a practitioner text, not the judgment.]
Jurisdiction; post-Brexit; s.15C Civil Jurisdiction and Judgments Act 1982. The EAT dismissed the appeal of individual respondents domiciled abroad [80]. Section 15C, in force from 1 January 2021 in place of section 5 of the Brussels Recast Regulation, has the same protective purpose: it preserves the position of tribunal claimants and is not to be construed so as to preclude a claim against an individual respondent that could have been brought on the same facts before 31 December 2020 [76]-[79]. There are no service requirements beyond the tribunal's own rules [77]; rule 8 of the 2013 Rules neither confers nor removes jurisdiction [58]. The EAT agreed with Kerr J in Bhatti on the status of s.15C [75].
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.