Law governing employment
Part XIII Miscellaneous
(1)For the purposes of this Act it is immaterial whether the law which (apart from this Act) governs any person’s employment is the law of the United Kingdom, or of a part of the United Kingdom, or not.
F1046 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this Act “employment”—
(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and
(b)in relation to a worker, means employment under his contract;
Defined in s.230(5) · see it in the full Act(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.
Defined in s.230(6) · see it in the full ActThe court did not finally determine whether this provision makes governing law immaterial to the post-repeal sufficient-connection assessment. It was bound by Supreme Court authority treating an English governing-law clause as relevant. (see paras [53]-[64]) The repealed subsection formerly made section 204(1) subject to section 196(1)(b). Its history was considered when assessing whether governing law remains relevant after the territorial provision’s repeal. (see paras [54]-[61])
Section 204(1) prevents protection for employment in Great Britain being defeated by a contractual choice of foreign law. It does not extend the statutory right to employment outside Great Britain. (see paras [18]-[19])
The provision was relied upon in submissions concerning the significance of a contractual choice of law. The EAT did not finally determine the point. (see paras [54]; [64]; [80]; [90])
2 more judgments, and what each says about section 204, are in the case-law panel in the full Act.