Olsen v Gearbulk Services and another

Employment – Unfair dismissal. The employee, who was Danish and had his home in Switzerland, was an internationally mobile employee, employed on a contract of employment with a Bermudian company. The role was based in Switzerland. The employee spent less than half of his working time in the UK. The employee was dismissed for making a public interest disclosure in England. He was so informed by the second respondent company. The employment tribunal (the tribunal), having regard to the Rome Convention, held that the employment was not sufficiently closely connected with the UK and there was no jurisdiction to hear the employee's claim for unfair dismissal. The employee appealed. The Employment Appeal Tribunal, dismissing the appeal, held, among other things, that, on the facts, the tribunal's decision had not been perverse as to sufficiency of connection and jurisdiction.

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