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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


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
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Additional Information: © 2012 The Modern Law Review
Divisions: International Relations
Subjects: K Law > K Law (General)
Date Deposited: 19 Sep 2012 16:08
Last Modified: 20 Oct 2021 01:58

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