Where do your employees work? An employment law update.

The Court of Appeal has recently highlighted the importance of ensuring that employers are aware of the laws applicable to its employees, wherever they might work.

It is well known that the Employment Rights Act and the Equality Act apply to Companies and employees operating and working in Great Britain subject to variations or other overriding laws in some countries including Southern Ireland.  However, it becomes more of an issue when an employee is employed by a British employer but is located in a foreign country.

A recent case determined that as the employees, based in Afghanistan and working for British Military Forces, were locally engaged to provide local support, it could not be said that they had stronger connections with Great Britain and British Employment Law than with Afghanistan and Afghan Law.

It therefore meant that although their employer was based in Britain, the fact that they were permanently employed in Afghanistan and were to provide work and services in Afghanistan, that they were subject to laws of Afghan Law.

This is a stark reminder for all employers with employees working in different countries that they must ensure that their Contracts of Employment and any processes governing their employees do cover the correct requirements.

If you require advice on how best to address this issue contact one of our Specialist Employment Solicitors in Leicestershire on 0116 2551811.


Author: Steven Mather
Steven is a Partner of Josiah Hincks and specialises in commercial litigation