Mr G Anderson, of Counsel For v Respondent — 2019

This was a preliminary hearing on territorial jurisdiction, not a merits hearing. Mr W Gould had been employed by Crew Employment Services Camelot as captain of the yacht Amaryllis from 13 July 2015 and as captain from 4 May 2017. The tribunal accepted that the yacht spent substantial periods in UK waters, including about five and a half months from 17 May 2017 to 25 October 2017 and likely a similar period in 2018, and that Mr Borobin in Henley-on-Thames was the effective owner and decision-maker who gave regular operational instructions.

Applying the authorities it cited on territorial scope, including Lawson v Serco, Webber v Universal Ogden Services, Ravat v Halliburton Manufacturing and Services Ltd, Nogueira v Crewlink Ireland Ltd and British Council v Jeffrey, the tribunal found that Mr Gould fell within the peripatetic exception and habitually carried out his work in Great Britain. It held that the Guernsey corporate structure, the Guernsey choice-of-law clause, the claimant's residence in Florida and the payment arrangements did not outweigh the stronger connection with Great Britain, and that the fact he was working in the UK immediately before dismissal supported that conclusion.

The tribunal therefore held that the Employment Tribunal had jurisdiction under the Employment Rights Act 1996 to hear the unfair dismissal complaint. It recorded that the claim fell within the territorial scope of the Act and that the claimant's dismissal in June 2018 could be pursued in the tribunal, but the hearing did not determine whether the dismissal was fair or unfair or produce any monetary award.