If A Company Based In NI Is Employing Someone Who Will Be Based In England, Should The Governing Law Of The Employment Contract be the Law Of England Or NI?

Posted in : First Tuesday Q&A NI on 3 August 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Governing Law; Employment Contract

The parties to the employment contract are free to choose the law that will govern the contract. However, the parties’ choice of governing law will not displace the "mandatory rules" that would have applied in the absence of choice.

Mandatory rules cover issues such as notice rights, method of termination, protection from unfair dismissal and discrimination, and a requirement that employment contracts must include certain information. The effect of this is that, where a mandatory rule of law gives greater protection than the rule within the system of law chosen by the parties, the mandatory law will apply. Similarly, where a rule of law of the chosen system of law gives greater protection

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Back to Q&A's This article is correct at 03/08/2021

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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