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1 February 2006 - House of Lords Decision
on UK Overseas Worker
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The House of Lords have made a groundbreaking decision following
an unfair dismissal case of a UK overseas worker.
Former security officer, Mr. Stephen Lawson, claimed his 64 hour
weekly work load meant "his health and safety was put in peril" whilst employed
by a support services company, Serco, in Ascension Island in the South Atlantic.
This resulted in him being forced to resign, claiming constructive dismissal.
The earlier decision by the court of appeal concluded, that due
to all Mr Lawsons' duties being overseas, he had no legal protection.
However, the House of Lords has now decided that due to all
services being carried out overseas and both Mr. Lawson and his employers had
close connections with the UK, Mr. Lawson was still entitled to all UK
employment rights.
Lord Hoffman, sitting in judgement of Mr. Lawsons' case said:
"When considering each individual case, employees working
abroad could be covered by UK law if they were posted abroad for the purposes of
the UK business or if they worked in a UK political or social enclave abroad."
Law firm Solicitor, Juliet Carp, said:
"The decision could have a huge impact on employers.
"This is the biggest decision we have had for a long time - the risks for
employers sending staff overseas are greater than ever before."
Graham Cappa, Head of Media Relations at Serco, said:
"The company was happy with the judgment.
"It benefits our employees as well as us as an employer. We were startled by the
Court of Appeal's judgment as it could have led to employees refusing to take
overseas postings."
Cappa, however, has confirmed the company will still fight the
actual unfair dismissal allegation in the case.
Article by Alexandra Johnston
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