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The Territorial Scope of Employment Legislation and Choice of Law
Author(s) -
Grušić Uglješa
Publication year - 2012
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2012.00922.x
Subject(s) - legislation , scope (computer science) , statutory law , choice of law , law , state (computer science) , territoriality , political science , law and economics , business , economics , sociology , conflict of laws , computer science , algorithm , programming language , communication
Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of E nglish law has been regarded as an issue entirely disconnected from the choice‐of‐law process. Indeed, this view formed the basis of the key decision addressing the problem of territoriality, L awson v S erco , decided by the H ouse of L ords in 2006. After presenting the current state of the law with regard to the territorial scope of employment legislation, this article takes a critical look at L awson v S erco . It is argued that the ‘ E uropean’ choice‐of‐law rules must have a greater importance for determining the territorial scope of employment legislation and, consequently, that the approach pursued in L awson v S erco is no longer correct, if it ever was, and should not be followed in the future.