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?

[Frank Snyder]