Judgments - Serco Limited (Respondents) v. Lawson (Appellant) Botham (FC) (Appellant) v. Ministry of Defence (Respondents) Crofts (Respondent) and others v. Veta Limited (Appellants) and others and one other action

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    40.  I have given two examples of cases in which section 94(1) may apply to an expatriate employee: the employee posted abroad to work for a business conducted in Britain and the employee working in a political or social British enclave abroad. I do not say that there may not be others, but I have not been able to think of any and they would have to have equally strong connections with Great Britain and British employment law. For the purposes of these two appeals, the second of these examples is sufficient. It leads to the conclusion that the appeals of both Mr Lawson and Mr Botham should be allowed.

    Double claiming

    41.  Finally I should note that in the case of expatriate employees, it is quite possible that they will be entitled to make claims under both the local law and section 94(1). For example, the foreign correspondent living in Rome would be entitled to rights in Italian law under the Posted Workers Directive and although the Directive does not extend to claims for unfair dismissal, Italian domestic law may nevertheless provide for them. Obviously there cannot be double recovery and any compensation paid under the foreign system would have to be taken into account by an Employment Tribunal.

    Disposal

    42.  I would dismiss the appeal in Crofts v Veta Ltd and allow the appeals in Lawson v Serco Ltd and Botham v Ministry of Defence. The latter two cases must be remitted to the Employment Tribunals for hearings on the merits.

LORD WOOLF

My Lords,

    43.  Having had the advantage of reading in advance the opinion prepared by my noble and learned friend Lord Hoffmann, I too would dismiss the appeal in Crofts v. Veta Limited and allow the appeals in Serco Limited v. Lawson and Botham v. Ministry of Defence.

LORD RODGER OF EARLSFERRY

My Lords,

    44.  I have had the advantage of reading the speech of my noble and learned friend Lord Hoffmann in draft. I agree with it and for the reasons he gives I would dispose of the three appeals in the way he proposes.

LORD WALKER OF GESTINGTHORPE

My Lords,

    45.  For the reasons given in the opinion of my noble and learned friend, Lord Hoffmann, with which I agree, I would dismiss the appeal in Crofts v Veta Limited and allow the appeals in Serco Limited v Lawson and Botham v Ministry of Defence.

BARONESS HALE OF RICHMOND

My Lords,

    

 
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