New Approaches to Territoriality in Employment Law
本文探讨英国劳动法属地性概念的新发展，分析法院如何通过多因素考量扩大海外雇员适用英国劳动权利的范围，并质疑该路径对在英工作雇员的适当性。
Abstract A key question is when British employment rights can be relied on by workers whose employment is also connected in some way with another country. The crucial touchstone has traditionally been whether the employee is working in Great Britain. This article examines the notion of territoriality applied in recent cases, particularly in the context of the territorial scope of employment legislation. Courts have tended to be generous in allowing those working abroad to rely on British employment rights if there are other strong connections with Great Britain based on a consideration of a wide variety of factors. By focusing on the connection which an employee has not just to Great Britain, but also to British employment law, there has been a move away from attaching sole importance the place where an employee physically works. This article focuses on the question of whether this approach is appropriate for employees who are working in Great Britain. In particular, if an employee is working in Great Britain, when, if at all, should it be possible to displace the territorial application of British employment law.