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Contract states UK jurisdiction but company is located in the EU

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  • Contract states UK jurisdiction but company is located in the EU

    Hi,

    I have a question regarding the jurisdiction of my new contract and if this is legal.

    A company hired me to work in the UK, remotely, and the contract states that any claim would be governed by the UK law.
    However the employer's company is located in an EU country (not UK).

    I believe that I would not be able to bring a claim in an UK tribunal against this company given that the company is registered abroad.
    What would be the law applicable to this situation?

    Thank you

    Tags: None

  • #2
    Your belief is incorrect. UK courts have jurisdiction if the contract specifies one of the jurisdictions in the UK is the governing law of the contract- remembering that there are 3 separate jurisdictions in the UK.

    Enforcement of a UK law judgment in a foreign jurisdiction is another matter, but at present, a UK judgment is enforceable in any State of the EU.

    Comment


    • #3
      Strictly speaking there is no such thing as “UK law” for the reasons Efpom has mentioned. A court would need to interpret what would be meant by that but it’s likely that it would be determined tribunals in England and Wales would have jurisdiction if the contract refers to law governed by English law.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      Comment


      • #4
        Originally posted by efpom View Post
        Your belief is incorrect. UK courts have jurisdiction if the contract specifies one of the jurisdictions in the UK is the governing law of the contract- remembering that there are 3 separate jurisdictions in the UK.

        Enforcement of a UK law judgment in a foreign jurisdiction is another matter, but at present, a UK judgment is enforceable in any State of the EU.
        Thank you for your response.
        In case of conflict it seems, then, that I would be able to bring a claim in a UK employment tribunal, however any decision could, potentially, not be enforceable after Brexit (?)
        Last edited by ElisaWell; 19th December 2020, 16:10:PM.

        Comment


        • #5
          You may find this useful
          https://www.latham.london/2020/10/wh...exit-part-two/

          Comment

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