Mr D Lyons v Interserve Group Ltd — 2021

The tribunal decided preliminary issues only. It found that the claimant was employed by ESG Saudi Arabia LLC, a company registered in Saudi Arabia, and not by Interserve Group Limited. The claimant's contracts and extensions identified ESG as the employer, and the tribunal found that group branding, shared systems, email footers, policies, and some correspondence by the respondent's assistant general counsel did not make the respondent the employer or de facto employer.

On territorial jurisdiction, the tribunal applied the case law on expatriate employees and the sufficient connection question. It found that the claimant lived and worked in Saudi Arabia, his contract was governed by Saudi law, salary and benefits were structured under Saudi labour law, social security was paid in Saudi Arabia, and his management and grievance handling were outside Great Britain.

The tribunal accepted that there were some connections with Great Britain, including recruitment via Glasgow, a UK home, some UK salary payments, and the respondent being the British parent company of the group. It concluded those connections were limited and not sufficiently strong to overcome the territorial pull of Saudi Arabia. The Employment Rights Act, Equality Act, and any breach of contract complaint could not proceed, and all complaints were dismissed.