Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Fuller v United Healthcare Services Inc & Anor UKEAT/0464/13/BA, the Employment Appeal Tribunal (EAT) considered whether a U.S. citizen who spent approximately half his time working in the United Kingdom could bring statutory employment claims in the U.K. Employment Tribunal.
Fuller, a U.S. citizen, was employed as a senior executive of United Healthcare Services Inc., a U.S. company. His employment contract provided that it could be terminated “at will” by either party. It did not expressly state which law it was governed by but stated that any employment dispute would be determined by the American Arbitration Association.
Fuller was assigned a role which involved spending half his time in the U.S. and the other half in the U.K. working for a subsidiary of United Healthcare. For cost-saving reasons, United Healthcare terminated both his employment in the U.S. and his assignment in the U.K. Fuller brought U.K. statutory claims of unfair dismissal, whistle-blowing and discrimination.
The EAT found that his employment contract had an “overwhelmingly close connection” with the U.S., primarily because:
As such, his employment was not sufficiently connected with the U.K. to entitle him to bring these claims.
Given that employment law is generally more favorable to employees in the U.K. than in the U.S., it is perhaps not surprising that Fuller tried to bring claims in the U.K. While U.K. courts will consider the day-to-day activities of an employee on an international assignment, they will also review the underlying contractual documents; it is therefore important that non-U.K. employers ensure that such documents do not create any contractual nexus with the U.K.
Alex Denny is a partner, Victoria FitzGerald an associate and Emma Vennesson an associate in Faegre Baker Daniels’ London office.
Copyright 2014 ©
Faegre Baker Daniels LLP. All rights reserved.
SHRM Online Global HR page
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Annual Conference & Exposition
SHRM’s HR Vendor Directory contains over 10,000 companies