{"title":"International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement","authors":"L. Merrett","doi":"10.1093/indlaw/dwab019","DOIUrl":null,"url":null,"abstract":"\n The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice of law provided the rules which are applied in a large number of cases. This article outlines the changes post-Brexit and the resulting overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. International jurisdiction will now be governed entirely by national law rules. However, for cases in the High Court, the common law rules are amended to mirror the provisions which are previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, longer term, now that the rules are not binding as matter of EU there will be scope to amend and reform the rules.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"66 1","pages":""},"PeriodicalIF":1.0000,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Industrial Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/indlaw/dwab019","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
引用次数: 0
Abstract
The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice of law provided the rules which are applied in a large number of cases. This article outlines the changes post-Brexit and the resulting overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. International jurisdiction will now be governed entirely by national law rules. However, for cases in the High Court, the common law rules are amended to mirror the provisions which are previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, longer term, now that the rules are not binding as matter of EU there will be scope to amend and reform the rules.
期刊介绍:
Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform. In addition Industrial Law Journal carries commentary on relevant government publications and reviews of books relating to labour law.