This book explains the framework and principles of private international law that govern cross-border employment disputes. The book is aimed at readers handling disputes ranging from cross-border team moves and commercial litigation with international employment aspects through to international statutory employment claims.
Commercial employment disputes do not respect national boundaries. Employees are mobile, and businesses are multi-national. An employee working in one country may be subject to restrictions governed by the law of another country entirely. An investment bank may recruit from outside the domestic market and may in turn be the subject of recruitment from competitors in other jurisdictions. By what standard is the lawfulness or otherwise of a global recruitment exercise to be judged? An employee in one country may misuse his employer’s confidential information in country. How and where should the employer obtain injunctive relief? Which Court or Courts have jurisdiction over such cross-border disputes? How will the rules be impacted by Brexit?
The book aims to address all of these and other related questions. It provides the reader with a careful and practical analysis of the issues that present themselves to the profession with scholarly advice on how best to deal and avoid such situations. It is as much a tool of best practice for employers as it is an integral reference for lawyers.
Key features include:
- A stage by stage analysis of how to successfully bring or defend cross-border employment claims in the High Court from the issue of the proceedings through to the enforcement of judgment.
- A practical guide to the framework governing jurisdiction of claims in the Employment Tribunal.
- The gateways to jurisdiction in the High Court and the application of special rules governing employment related disputes.
- Commercial claims with an employment aspect and the impact of the special rules.
- Exclusive jurisdiction clauses and the limitations on their use in the employment context.
- The impact of Brexit on the current landscape and whether and how the rules are likely to change.
- Practical examples of cross-border unfair competition, inducement and conspiracy, fraud and confidential information claims.
- The strategic issues that arise in cross-border employment disputes in the High Court from ‘forum shopping’ to choice of law.
- Evidence gathering, letters of request, disclosure, and the challenges of hearsay and multimedia evidence.
- Arbitration as an effective means of resolving international employment disputes.
- Settlement and enforcement of judgments.
- The framework governing jurisdiction of claims in the Employment Tribunal.
- The key statutory claims in the context of tribunal proceedings including, unfair dismissal, discrimination and whistle-blowing.