In this case at the EAT, the EAT considered whether a Tribunal sitting in England could determine various complaints including unfair dismissal, discrimination and unauthorised deductions from wages made by an employee:

  • Of Pakistani origin.
  • Employed by a Hong Kong Company whose parent company was an Australian Company.
  • Whose normal base was in Hong Kong.
  • Working on secondment based in England to a company in the group which was a UK Limited company (although he remained employed by the Hong Kong company).
  • Paid by the UK Ltd.
  • Working under a contract of employment stated to be governed by Hong Kong Law.

The EAT decided the Tribunal did have jurisdiction to consider the complaints because the employee was based in England and held a wide interpretation should be given to the requirement for the Employer to reside in or carry on business in England and Wales.