Andrew Kieswetter v Debrett’s Education Limited — 2025

Andrew Kieswetter worked as a tutor for the Beebee family in Kinshasa from 1 December 2023 until 7 October 2024 under an agreement involving Debrett’s Education Limited. The claim form had ticked unfair dismissal, but the tribunal recorded that the claimant said he was in fact pursuing wrongful dismissal / breach of contract for notice pay. He said the agreement entitled him to work until 31 July 2025 and that he had not been paid for the remaining period after termination.

At the preliminary hearing the tribunal accepted that Debrett’s Education Limited was domiciled in England and Wales, so it had international jurisdiction to consider the contractual claim. It also found that the agreement was silent on choice of law. Applying Article 8 of Rome I, the tribunal concluded that the claimant habitually carried out his work in Kinshasa and that, looking at all the circumstances, the contract was more closely connected with the Democratic Republic of Congo.

The tribunal then considered forum non conveniens, referring to Spiliada and Crofts. It took account of the fact that the respondent was based in England, the claimant ordinarily worked in Kinshasa, the notice of termination was given there, and both the claimant and Mr Beebee were in Kinshasa at the time. It concluded that England and Wales was not the proper forum for the claim, and the claim was dismissed. No monetary remedy was awarded.