Workers based in Europe can make tribunal claims

In Ministry of Defence v Wallis [2011] EWCA Civ 231, Mrs Wallis’ husband was a member of the Armed Forces (AF) and he was assigned to NATO’s headquarters in Belgium. During the assignment, Mrs Wallis was employed as a library assistant at a school attached to the headquarters. The school dismissed Mrs Wallis when her husband left the AF (but he continued to work for NATO as a civilian).

The Court of Appeal held that Mrs Wallis could make:

• An unfair dismissal claim in Great Britain (GB) because her employment in Belgium was strongly connected to GB.
• A sex discrimination claim in GB because the territorial limitation imposed by s. 6 (1) of the SDA 1975 had to be interpreted in the light of her direct enforceable rights under the Equal Treatment Directive.

Also see Cabin crew based in Hong Kong can make discrimination claims