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Territorial Jurisdiction

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The EAT (HHJ Peter Clark) has handed down its decision in BA v Mak, which is authority for the proposition that 'partly' for the purposes of section 8(1) of the Race Relations Act and Regulation 10(1) of the Age Regulations means more than de minimis.

In considering whether an employee works 'wholly or partly in Great Britain' for the purposes of the above provisions, the proportion of time spent working in Great Britain is not determinative. It is right to look at the nature of the job performed.

The Claimants were cabin crew of Chinese nationality ordinarily resident in Hong Kong. They completed 28 'flight cycles' between Hong Kong and London each year. The Claimants took part in a debriefing session on landing in Great Britain, had duties upon arrival and prior to departure from Great Britain, and underwent training in Great Britain. The EAT considered these activities to be an integral part of each flight cycle.

Moreover, the training requirements were absolutely essential to the industry. The EAT held that the Employment Tribunal was entitled to conclude that the Claimants worked partly at an establishment in Great Britain.