Employment Law – Claims – Overseas Worker
In https://troymuku553.tearosediner.net/emigration-and-legal-aid-in-uk the case Saggar v Ministry of Defence [2005] , it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee’s employment, is entitled to bring a discrimination claim in the UK . The claim can be brought even if the employee did no further work in Britain after the move overseas. After 16 years at a Ministry of Defence base in Britain , Lieutenant Colonel Surinder Nath Saggar was permanently stationed in Cyprus from 1998 and was still there when he made a claim for race discrimination. The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain . He appealed against this decision to the Employment Appeals Tribunal (“EAT”). The EAT dismissed the appeal and held that:- In order for Lieutenant Saggar’s claim to succeed, the EAT would have to look at the whole of his employment from 1982 onwards, and that would be “absurd”; The EAT was bound by the decision of the Court of Appeal in the case of Carver v Saudi Arabian Airlines [1999] where for the purposes of establishing whether or not a tribunal has jurisdiction to hear a claim, it is necessary to consider whether, at the time of the alleged discrimination, the claimant was wholly or mainly working in Great Britain; 