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Employee working abroad on rotational basis could bring unfair dismissal claim

25 June 2010

In Ravat v Halliburton Manufacturing and Services Ltd the Inner House of the Court of Session held by a majority that an employee who lived in Great Britain but worked in Libya on a "one month on, one month off" rotational basis, qualified for unfair dismissal protection under the Employment Rights Act 1996 (ERA 1996).

In reaching this decision, the majority adopted different approaches to the guidelines on determining the territorial scope of ERA 1996 set out in Lawson v Serco. As a consequence, it is difficult to draw any firm principles from the decision.