Dr M Arnheim, counsel For the v Mr N Henry, Consultant — 2019

The tribunal held an open preliminary hearing to decide whether a third respondent should be added, who the claimant's employer was, and whether the claims should be struck out for lack of territorial jurisdiction. The application to add a further respondent was withdrawn at the hearing.

On the evidence and the written contract, Employment Judge Joffe concluded that the claimant was employed by the second respondent, the Ukrainian company. The contract referred to 'Language Link Ukraine', gave a Ukrainian address, provided for pay in Ukrainian currency and Ukrainian taxes, and was concerned with work in Kyiv at the Humanitarium Lyceum. The judge rejected the claimant's evidence that he had been told he could be deployed to other countries by the London entity, and held that the first respondent's role in recruitment, visa arrangements and housing allowance payments did not make it the employer.

The tribunal nevertheless held that it had no territorial jurisdiction over the claims. The claimant was found to be a true expatriate employee based and working in Kyiv, not someone working in a British enclave or in an employment relationship with a sufficiently strong connection to Great Britain and British employment law. The factors relied on by the claimant, including involvement from London and the stamping of the contract by the first respondent, were held not to outweigh the Ukrainian features of the employment. The submission that the respondents had delayed in contesting jurisdiction was rejected because the issue was whether the statutes conferred rights at all. All claims, including automatically unfair dismissal, disability discrimination, breach of contract and holiday pay, were therefore struck out.