UK employment: checklist on Rome I applicable law, Brussels I (recast) jurisdiction and the territorial scope of statutory rights, including Lawson v Serco, Bleuse, posted workers and Brexit impact

Published by a LexisNexis Employment expert

Checklists

This Checklist outlines the key questions to consider when determining:

which legal system governs a contract of employment or employment relationship (applicable law)
whose courts and/or tribunals are competent to hear an employment case (jurisdiction)
how the courts and employment tribunals assess what statutory rights, if any, are held by an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights)

Brexit impact

From exit day (31 January 2020) the UK ceased to be an EU Member State. Under the Withdrawal Agreement’s transitional arrangements, there was an implementation period up to 11pm on 31 December 2020, referred to as ‘IP completion day’. Throughout that period, the EU continued to treat the UK as a Member State for many purposes. Although the UK could not participate in the EU’s political institutions and governance structures, it was required to comply with its obligations under EU law (including EU treaties, legislation, principles and international agreements) and to accept the ongoing jurisdiction of the Court of Justice of the European Union (CJEU or ECJ). The repeal of...

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Edward Kemp

Matrix Chambers

Edward has a broad cross-disciplinary practice in employment and equality, private international, human rights and commercial law. Edward is ranked as a leading junior in the following directories: (1) Legal 500 UK – tier 1 for employment; (2) Legal 500 EMEA – tier 1 for commercial disputes in the Middle East; (3) Chambers UK – for employment; (4) Chambers Global – expertise based abroad for DIFC and ADGM litigation in the United Arab Emirates. He was nominated for Employment Junior of the Year in the Legal 500 Awards 2020.Edward is particularly sought after for challenging cases raising novel points of law and sensitive factual disputes requiring creative thinking and flexible advocacy skills. He is singled out for his exceptional legal ability having been consistently described as “extremely bright…always does a first class job” (Legal 500 2021), “extremely intelligent” (Legal 500 2018),...

Web page updated on 01/06/2026

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