The Court of Appeal has overturned a ruling by the Employment Appeal Tribunal, which said a tribunal would not have jurisdiction over a person working abroad if they were “wholly or mainly outside Great Britain” at the relevant time.
Instead the it held, in the case of Saggar v Ministry of Defence , that the correct approach is to look at where the employee is based for his entire period of employment (in this case, 19 years).
Having considered this, the judges said a tribunal should then ask, ‘Was the employment wholly or mainly outside Great Britain?’
As a result of this case tribunals will need to look at the entire employment period when deciding whether the employee did work ‘wholly or partly’ in Great Britain.
(Thanks to Daniel Barnett, 1 Temple Gardens, for case clarification)