Working in Australia does not preclude unfair dismissal jurisdiction

In Lodge v Dignity & Choice in dying and other, the EAT has held that an Australian citizen who was employed by a British company and who worked remotely in Australia for personal reasons was entitled to pursue claims for unfair dismissal and whistle blowing in the UK Employment Tribunal. The EAT found that the work performed by her in Australia was for the benefit of the employer’s London operation and that, even though she was a “virtual employee” in Australia rather than a physical one in London, this did not preclude her from the protection of unfair dismissal legislation.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.