Labour & European Law Review
22 June 2016
As part of a review into court and tribunal fees published last week, the House of Commons Justice Committee has said that urgent changes are needed to restore access to justice in the tribunal system.
In order to bring a tribunal claim in this country, employees working abroad have to show a “stronger connection” with Great Britain than the foreign country where they work. In Hottak and AL v Secretary of State for Foreign and Commonwealth Affairs and anor, the Court of Appeal held that this rule applies whether the claim is brought under the Equality Act 2010 or the Employment Rights Act (ERA) 1996.
The Equality Act 2010 provides protection from discrimination for both employees and those engaged personally to do work. In Windle and Arada v Secretary of State for Justice, the Court of Appeal held that tribunals can take into account a lack of “mutuality of obligation” when considering whether someone is engaged under a contract to do work personally.