Mr Horst Wittenberg v Sunset Personnel Services Ltd and Others
| Jurisdiction | UK Non-devolved |
| Judge | Lady Stacey |
| Neutral Citation | UKEATS/0019/13/JW |
| Court | Employment Appeal Tribunal |
| Subject Matter | Jurisdictional Points,Jurisdictional Points - Working outside the jurisdiction,Not landmark |
| Date | 21 November 2013 |
| Published date | 15 March 2017 |
UKEATS/0019/13/JW
Appeal No. UKEATS/0019/13/JW
EMPLOYMENT APPEAL TRIBUNAL
52 MELVILLE STREET, EDINBURGH, EH3 7HF
At the Tribunal
On 20 November 2013 & 21 November 2013
Before
THE HONOURABLE LADY STACEY
(SITTING ALONE)
MR HORST WITTENBERG APPELLANT
SUNSET PERSONNEL SERVICES LIMITED FIRST RESPONDENT
TIDEWATER CREWING LIMITED SECOND RESPONDENT
TIDEWATER MARINE NORTH SEA LIMITED THIRD RESPONDENT
FAIRWAY PERSONNEL SERVICES LIMITED FOURTH RESPONDENT
TIDEWATER MARINE INTERNATIONAL INC. FIFTH RESPONDENT
TIDEWATER INC. SIXTH RESPONDENT
JUDGMENT
UKEATS/0019/13/JW
APPEARANCES
For the Appellant Mr A OHRINGER
(Counsel)
Instructed by:
Zimmers Solicitors
5 Water Lane
London
NW1 8NZ
For the First Respondent
For the Second to Sixth Respondents
Debarred from proceedings
Mr A KEMP
(Solicitor Advocate )
Simpson & Marwick Solicitors
4 Carden Terrace
Aberdeen
AB10 1US
UKEATS/0019/13/JW
SUMMARY
Identity of employer: the claimant had a contract dated 1998 with a company, said no
longer to exist. The respondents admitted that he was employed but there was a dispute
by whom. The ET found that he was employed by the fourth respondent. It was argued
by the respondent that there was an error of law in that decision. Held that the ET had
erred in law in that it had applied the wrong test.
Territorial reach of Employment Rights Act 1996 (ERA) and Equality Act 2010. The ET
found that the territorial reach of ERA and Equality Act 2010 did not include the
claimant’s situation. It was argued by the appellant that the ET had jurisdiction and
should hear his claims. Held: not all relevant regulations had been put before the ET or
the EAT.
Case continued for further submissions from parties.
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