In the recent case of MOD v Wallis the claimants were wives of UK armed forces personnel who were working for schools attached to the NATO headquarters where their husbands were working. When their husbands’ service ended they were dismissed. They claimed that they had been dismissed unfairly.  The EAT handed down the following propositions:

Should the situation arise that you are working in Europe and you are eligible to do so as a result of a spouse’s service with the UK armed forces, it is deemed that there is sufficient connection between the employment and the UK for you to fall under the legislation for unfair dismissal in this country.

When reading s.6 of the Sex Discrimination Act 1975 literally it would appear that the Employment Tribunal would not have the jurisdiction to consider a sex discrimination claim in Europe. However, the Equal Treatment Directive is intended to confer rights on expatriate employees and domestic rules limiting territorial scope must be displaced. Thus the Employment Tribunal does have the jurisdiction to hear a sex discrimination claim within Europe.

Katie Phillips