In Neary v Service Children’s Education [EAT/0101/10], Mr Neary worked abroad on various assignments and returned to Great Britain after those assignments were completed.
From April 2007 to November 2008, Mr Neary taught mathematics in Germany. On 25 March 2008, he applied for a teaching job at a school in Cyprus. The job application stated that his home address was in Germany.
On 7 August 2008, Mr Neary was told that his job application had been rejected. As a result of this, Mr Neary claimed disability and age discrimination.
EAT’s decision
The tribunal was entitled to find that Mr Neary was “ordinarily resident” in Germany - on the dates on which his job application was made and rejected - and therefore, he could not pursue his discrimination claims.
Mr Neary had to be “ordinarily resident” in Great Britain in order to pursue his discrimination claims.
The EAT stated that it was possible that a person may be “ordinarily resident” in more than one country at the same time [see para. 44].
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