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The territorial scope of employment legislation and choice of law

Grušić, Uglješa (2012) The territorial scope of employment legislation and choice of law. Modern Law Review, 75 (5). pp. 722-751. ISSN 0026-7961

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Identification Number: 10.1111/j.1468-2230.2012.00922.x

Abstract

Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of English law has been regarded as an issue entirely disconnected from the choice-of-law process. Indeed, this view formed the basis of the key decision addressing the problem of territoriality, Lawson v Serco, decided by the House of Lords in 2006. After presenting the current state of the law with regard to the territorial scope of employment legislation, this article takes a critical look at Lawson v Serco. It is argued that the 'European' choice-of-law rules must have a greater importance for determining the territorial scope of employment legislation and, consequently, that the approach pursued in Lawson v Serco is no longer correct, if it ever was, and should not be followed in the future.

Item Type: Article
Official URL: http://onlinelibrary.wiley.com/journal/10.1111/(IS...
Additional Information: © 2012 The Modern Law Review
Divisions: International Relations
Subjects: K Law > K Law (General)
Sets: Departments > International Relations
Date Deposited: 19 Sep 2012 16:08
Last Modified: 30 Jan 2019 18:51
URI: http://eprints.lse.ac.uk/id/eprint/46188

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