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Can UK tribunal claims reach colleagues based abroad? This case says ‘Yes’
For HR teams in international businesses, one tricky question is whether UK employment tribunals can hear claims against colleagues who live and work overseas. A recent Employment Appeal Tribunal (EAT) decision offers some helpful clarity.
In Prahl, Hofvenstam & Ågeback v Lapinski, Mr Lapinski brought a discrimination claim against his LLP and three fellow members who were based in Sweden. The key issue was whether the UK tribunal had jurisdiction over the Swedish-based colleagues.
The EAT said yes – and here’s why:
- The claim involved alleged breaches of the Equality Act 2010, giving the tribunal jurisdiction over the subject matter.
- The ‘close connection’ test (from the case of Lawson v Serco) was satisfied. The claims had strong ties to the UK, even though the colleagues worked in Sweden.
- The claim was validly served on the individuals under the Employment Tribunal Rules by sending it directly to them in Sweden. No extra international procedures were needed.
- While not essential to the outcome, the EAT also noted that there was an arguable case for jurisdiction under the Civil Jurisdiction and Judgments Act 1982. Even though the Act refers to employers and employees, it can be applied flexibly to include LLP members and their colleagues.
What does this mean for employers?
If your business spans borders, don’t assume overseas colleagues are out of reach of UK employment claims. Where there’s a close link to the UK and the claim falls under UK law, tribunals may well accept jurisdiction – and the tribunal simply posting a claim to a colleague overseas could be enough to get proceedings started.