Kamaldeep Bedi v Cullen Grummitt & Roe (UK) Limited — 2022

At the preliminary hearing before Employment Judge Apted on 2 February 2022, the tribunal amended the respondent's name to Cullen Grummitt & Roe (UK) Limited and considered whether it had jurisdiction over the claimant's claims for unfair dismissal, holiday pay, arrears of pay and other payments. The claimant, a Canadian civil engineer, had worked on projects in Canada, Ecuador and the Ivory Coast, and the hearing focused on whether his employment had sufficient connection with Great Britain to bring the claims within the reach of UK employment law.

Applying the authorities it cited, including Lawson v Serco Limited, Duncombe, Ravat, Dhunna and Bleuse, the tribunal asked whether the employment relationship had much stronger connections with Great Britain and British employment law than with any other system of law. It found that during the Canada and Ecuador projects the claimant lived and worked outside Great Britain, was paid in foreign currency, and had no other material connection with Great Britain. For the Ivory Coast period, the fact that he reported to Dr Grummitt did not provide a sufficient basis for the required connection.

The tribunal also found that the claimant's being paid through CGR (UK) Limited from November 2019, and his placement on furlough under the UK Coronavirus Job Retention Scheme from 20 April 2020, did not change the position. It accepted evidence that he was paid in US dollars, paid no UK tax or national insurance, and was not in a UK-based pension or healthcare scheme. The November 2020 termination letter confirmed that notice pay and accrued holiday pay had been paid.

The tribunal therefore held that it had no jurisdiction to hear the unfair dismissal claim and, for the same reason, had no jurisdiction to hear the holiday pay, arrears of pay and other payments claims. As all claims failed on jurisdiction, there was no need to consider the respondent's strike-out or deposit-order application.