In person For the v Mr E Dlamini, Attorney — 2024

This was a preliminary issue hearing on territorial jurisdiction only. The claimant, Mr Andrew L Miller, worked for a UK-registered company as a Business Development Director. The tribunal noted that his contract stated that his normal place of work was any location that did not restrict his ability to execute his responsibilities, that the contract was subject to the laws of England, and that he had told the respondent in December 2020 that he was moving to South Africa but intended to remain a UK tax resident.

The tribunal found that the claimant was employed by a United Kingdom company, was taxed through the UK PAYE system, had a UK National Insurance number, and was paid in pounds sterling after deductions. It also accepted that the claimant lived in South Africa from 2021 until his employment ended on 24 March 2023, but held that those facts did not displace the stronger connection with Great Britain and British employment law. Applying the jurisdiction principles in Serco v Lawson and Rule 8(2) of the Employment Tribunal Rules of Procedure 2013, the tribunal concluded that it had territorial jurisdiction to hear the claimant’s complaints. The judgment did not determine the substance of any underlying claim or award any remedy.