GB registered company with Northern Ireland office – which jurisdictional employment law applies?Posted in : Seamus Says - Employment Law Discussion on 5 February 2021
What is the situation regarding a GB registered company that has a Northern Ireland office? As I believe, Northern Ireland is still under EU employment law, and GB is under UK law. I don't know if that's quite the case, but here, Seamus?
Seamus: Look, the basics are that if you have an employment contract in Northern Ireland, and if you work in Northern Ireland, then you're governed by the legislation that applies here in Northern Ireland itself. A common misconception sometimes is that you'll get GB companies and the employee will live, will work and reside in Northern Ireland and their work is here. If their contract of employment is governed by English and Welsh law, and not Northern Irish law but ultimately, they're entitled to benefit from the legislation that applies in the jurisdiction that they work in here in Northern Ireland.
And so, you know, from my point of view, if it's the opposite way around where you are a NI company but you're employing people over in England, they're entitled to enjoy terms and conditions in England, that legislation that would apply. Thankfully, it all is pretty much similar. Obviously, look, there's a number of differences but you know you're governed here and you're protected here by the legislation and by the courts, the jurisdiction of the courts here in Northern Ireland.
More from Seamus Says - Employment Law Discussion
- What standard of behaviour can be inferred in a contract of employment?
- How can employers protect staff from abuse?
- What are the new statutory sick pay rules?
- How can employers manage someone back into the business when they've been off with stress and do not want to engage with HR?
- What is the advice surrounding terminating staff off work with long Covid?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.