Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Produced in partnership with Edward Kemp of Matrix Chambers

Checklists

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Produced in partnership with Edward Kemp of Matrix Chambers

Checklists

This Checklist provides an overview of the questions to be asked when determining:

•
which system of law is applicable to a contract of employment or employment relationship (applicable law)
•
whose courts and/or tribunals should decide an employment case (jurisdiction), and
•
how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights)

Brexit impact

From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK had to continue to adhere to its obligations under EU law

Edward Kemp

Barrister, Matrix Chambers

Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law. Edward is ranked as a leading junior in the following directories: (1) Legal 500 UK – tier 1 for employment; (2) Legal 500 EMEA – tier 1 for commercial disputes in the Middle East; (3) Chambers UK – for employment; (4) Chambers Global – expertise based abroad for DIFC and ADGM litigation in the United Arab Emirates. He was nominated for Employment Junior of the Year in the Legal 500 Awards 2020.

Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018), “exceptionally talented” (Chambers and Partners 2013) and “one to watch” (Chambers and Partners 2016).

Edward has a strong practice as both a trial and appellate lawyer. He has been instructed as sole or leading counsel in many appellate cases in the EAT and the Court of Appeal. He has also been led twice in successful appeals before the Supreme Court, having appeared as counsel at every level of court and tribunal below. Edward also has experience of drafting applications before the European Court of Human Rights.

Jurisdiction(s):

United Kingdom

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