Ascension : Law Lords Deliver Landmark Decision
Submitted by The Islander (Juanita Brock) 30.01.2006 (Article Archived on 13.02.2006)
Now Britons working abroad have a right to have unfair dismissal cases brought before a UK tribuna.
LAW LORDS DELIVER LANDMARK DECISION
By J. Brock (SARTMA-ASI)
A landmark decision by the Law Lords has not only vindicated a former RAF Policeman but has set a precedent for all Britons working overseas. The decision closed a loophole in the law that left thousands of British workers employed by UK companies abroad unprotected by labour laws. The test case provided much needed clarification on whether British law applies to those working overseas.
The case began when Stephen Lawson. 53, of Ward Green, Barnsley had been unfairly dismissed from SERCO while working on Ascension Island. He subsequently took his complaint to Watford Employment Tribunal who ruled it had no jurisdiction in the case because Mr. Lawson was employed outside the UK. SERCO is based in Middlesex, so the 53 year old, who was employed as a security officer, took his case further, even though Ascension Island is governed by the law of St. Helena.
A clause in the 1996 Employment Rights Act prevented Mr. Lawson from bringing his unfair dismissal case on health and safety grounds to any UK labour body thus affecting not only his employment rights but also those of all workers overseas employed by UK companies. The former RAF Policeman worked up to 64 hours a week, contrary to regulations limiting working hours to 48 hours a week, unless agreed in writing. In circumstances he described as constructive dismissal, Mr. Lawson resigned in 2001.
Thursday’s ruling means that Mr. Lawson can go ahead with his claim and that an employment tribunal would decide on the merits of the case.
A spokesman for SERCO said that clarification of the law was in the interests of both employees and their employers.
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