UK employees based overseas


When deciding whether employment tribunals can consider a claim for a protective award on behalf of UK employees who are based overseas (for example, seafarers), the Court of Appeal has ruled that what matters is the closeness of the connection between Great Britain and the “establishment” where the redundancies are proposed, not the closeness of the connection between Great Britain and individual employees. This is because the right to be consulted under section 188, TULRCA is a collective, not an individual right. This ruling appears to significantly limit the scope for unions to represent their UK members who are routinely based overseas, such as seafarers and pilots (Seahorse Maritime Limited v Nautilus International [2018] EWCA Civ 2789).