§ Mr. BellinghamTo ask the Secretary of State for Trade and Industry (1) what representations she has received from(a) overseas companies and (b) British companies regarding the rights of overseas workers to pursue unfair dismissal claims against their employers under the Employment Rights Act 1996; [142839]
(2) if she will make a statement on the recent Employment Appeal Tribunal ruling on the rights of overseas workers to pursue unfair dismissal claims under British employment law. [142852]
§ Mr. SutcliffeThe Department has received representations on behalf of one company with bases in Great Britain and overseas.
The Employment Rights Act 1996 confers the right to complain of unfair dismissal. When territorial limits in the Act were abolished in 1999, the Government's intention was that employees working overseas would be able to claim unfair dismissal only if there was a proper connection with Great Britain. The employment Appeal Tribunal has confirmed that this is the test which the employment tribunals must apply.