Duncombe and ors v Department for Education and Skills, EAT
Employees working abroad under fixed-term contracts were entitled to bring their breach of contract claims in an employment tribunal and to have those claims determined in accordance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. Although the Lawson v Serco test would ordinarily exclude the claimants from the Regulations’ territorial scope, the EAT felt obliged to follow an earlier EAT decision to the effect that the test ought to be modified where necessary to give effect to directly effective EC rights. The EAT did, however, express reservations as to the correctness of that authority.
