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UK company employed overseas

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  • UK company employed overseas

    Hi everyone, I'm new here and looking for some advice. I was employed by a UK company working for their Middle East division. My contract recently ended and I have returned to the UK. As part of my contract I was entitled to an annual bonus of 10% and an end of service gratuity relative to the country I was working in. According to the laws of that country I was entitled to 2 weeks pay for every year served in country.
    The company (Middle East division) are refusing to pay this gratuity.
    is it possible for me to make a claim against the company through the UK courts as they are a UK company?
    Tags: None

  • #2


    You had a contract with a UK company.
    The terms of that contract have been breached
    The company is Uk based
    You are in UK
    I can see no reason why you can't sue for breach in UK civil courts.

    As this is also employment related tagging Ula

    Comment


    • #3
      I should have clarified that my contract was with the Middle East arm of the company although the UK arm report my earnings to HMRC ie a p60 each year and I assume a p45 (which I haven't received yet)

      Comment


      • #4
        So if you are receiving a P60 then the UK arm must have been paying you and deducting tax and NI

        Comment


        • #5
          What legal Jurisdiction covered your contract of employment was it the UK or Middle East? Just need to clarify as although you speak about it being a UK company you mention the law of the Middle Eastern country as governing the value of the service gratuity.


          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


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          • #6
            The contract stated that all disputes shall be governed by the law of the middle east country (in this case Iraq). As it would be impossible for me to sue in Iraq I hope to in the UK.

            Comment


            • #7
              Since your contract is governed by Iraq law then you will not be able to make a claim at an Employment Tribunal. The only recourse you may have is to the county court but whether you can do this for a contract that is not based on the legal system here in the UK is in my view would be doubtful, however non-employment law is not my area of expertise so will tag R0b who may be able to help.
              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You canít always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                The English Court will automatically have jurisdiction over a defendant if the defendant can be served with the claim form while in England.

                Comment


                • #9
                  Thank you des8
                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You canít always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment


                  • #10
                    Thank you for the help. I'll send the letter before action today, hopefully that will be enough to make them pay.

                    Comment


                    • #11
                      Good luck and keep us updated as to how you get on.
                      I do my best to provide good practical advice, however I do so without liability.
                      If you have any doubts then do please seek professional legal advice.


                      You canít always stop the waves but you can learn to surf.

                      You are braver than you believe, smarter than you think and stronger than you seem.



                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Comment

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