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Claimants working outside the UK – EAT confirms the correct test

Crew Employment Services Camelot v Mr W Gould [2021] UKEAT/0330/19/VP

Employment law specialist Mark Green reviews the case of Crew Employment Services Camelot v Mr W Gould [2021] UKEAT/0330/19/VP.

The Employment Appeal Tribunal has confirmed the approach where there is a question about the ET’s jurisdiction due to the location where the Claimant works, in circumstances where work is undertaken in more than one country

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A clarification of the “relationship akin to employment” and the “sufficiently close connection” tests in grooming cases

Michelle Marnham and future 3PB Pupil Jeremy Warner analyse MXX v A Secondary School [2023] EWCA Civ 996, a case concerned with the grooming of a minor, in which the Court of Appeal clarified that work experience can be a relationship akin to employment for the purpose of vicarious liability. The Court confirmed the difficulty to satisfy the “close connection” test, which requires for the tort and the employment of the tortfeasor to be “inextricably woven”.

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When should ET stays of proceedings be allowed?

Alex Leonhardt considers the case of ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, in which the EAT issues its second reminder this year (following Lycatel Services Ltd v Schneider [2023] EAT 81) that applications to stay need to be determined following a decision on which forum the dispute would be “most conveniently and appropriately be tried” as per Bowater Plc v Charlwood [1991] ICR 798, and also considers the relationship between that test and a presumption against the High Court being bound by prior findings of the Employment Tribunal.

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Seeking the dismissal of a winding-up petition Tanfield (as executor of the Estate of Paul Watkins and another company v Meadowbrook Montessori Ltd)

Rebecca Farrell has written an article for LexisNexis regarding a landlord’s winding-up petition for £167,593.41 against a company incorporated to run a school which was dismissed. The court found there was a strongly arguable case that the bulk of the petition debt did not represent rent arrears payable, but rather a purchase price payable for shares in the company. The court also accepted that there was a cross-clam with a real prospect of success in a sum of at least £546,000 in general damages and potentially exemplary damages as well. The company had raised a strongly arguable case that the purported forfeiture of the lease by physical re-entry between the first and second hearing of the petition (causing the abrupt closure of the school) was unlawful, amongst other arguments in the cross claim.

This article was first published by LexisNexis on 23 July 2024.

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