March 03, 2006
Extraterritoriality and "Unfair Dismissal"
Many jurisdiction have some form of rule modifying employment-at-will to prohibit “unfair dismissal” of employees. Such rules, however, raise complex questions in a modern world where employees may be employed by, say, the British office of a Dutch company to do work based entirely in Texas.
The British courts, in particular, have struggled with the concept of when a foreign employee with some kind of British ties can bring a claim for unfair dismissal. The issues and some of the cases are discussed by Christopher Booth of London’s Pinsent Masons in Working Abroad: Who has the Right to Claim Unfair Dismissal?
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