Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The territorial reach of U.K. employment legislation has come under scrutiny recently. Two judgments handed down from the Court of Appeal and the Employment Appeal Tribunal (EAT) have broadly interpreted the territorial reach of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (the "Fixed Term Regulations"), the Race Relations Act 1976 (RRA) and the Employment Equality (Age Regulations) 2006 (the "Age Regulations"). In the first case, the Court of Appeal held that the Fixed Term Regulations could be enforced by a U.K. national who worked overseas. More worryingly in the second case, the EAT held that the RRA and the Age Regulations could be enforced by foreign nationals who work partly in England. These two judgments potentially will have significant impact on U.S. companies operating in the U.K. and/or employing U.K. nationals. For a detailed discussion of these two judgments, as well as recommendations for multinational employers, continue reading Littler's ASAP English Courts Broadly Interpret the Territorial Reach of U.K. Employment Legislation, written by John Kloosterman and Anita Vadgama.