Smith

Judgment approved by the court for handing down Stena Drilling PTE Ltd. v Smith © EAT 2024 Page 1 [2024] EAT 57 Neutral Citation Number: [2024] EAT 57 Case No: EA-2022-SCO-000084-JP EMPLOYMENT APPEAL TRIBUNAL 52 Melville Street Edinburgh EH3 7HF Date: 18 April 2024 Before : THE HONOURABLE LORD FAIRLEY - - - - - - - - - - - - - - - - - - - - - Between : STENA DRILLING PTE LIMITED Appellant - and - MR TRISTAN SMITH Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Brian Napier K.C. (instructed by Burness Paull LLP) for the Appellant Mr Diarmuid Bunting, of Counsel (by direct access) for the Respondent Hearing dates: 29 February and 2 April 2024 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Stena Drilling PTE Ltd. v Smith © EAT 2024 Page 2 [2024] EAT 57 SUMMARY JURISDICTION; international and territorial jurisdiction; Employment Rights Act, 1996; Equality Act 2010 In considering a challenge to the jurisdiction of the Employment Tribunal to determine claims under the Employment Rights Act, 2010 (“ERA”) and the Equality Act, 2009 (“EqA”), the Employment Judge failed to recognise the important distinction between international jurisdiction on the one hand and territorial jurisdiction on the other. Specifically, he erred in law in concluding that, in any claim involving an individual contract of employment, alternative routes to establishing international jurisdiction could be found beyond those in sections 15C and 15D of the amended Civil Jurisdiction and Judgments Act, 1982. The Employment Judge also erred in concluding, on the facts found by him, that territorial jurisdiction could be established by sections 199(7) of the ERA and regulation 3 of The Equality Act 2010 (Work on Ships and Hovercraft) Regulations, 2011. He had not erred, however, in concluding…