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I am a British national working in the UK. In 2004 I was

 
Abogado3044's Avatar
  • Answered by:Abogado3044
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Customer Question

I am a British national working in the UK.
In 2004 I was dismissed without any reason being given.
I took my case to the Employment Tribunal. I lost, as the tribunal said it has no jurisdiction, as during my 5 months of employment with the employer who sacked me, I was working in France.
I appealed on the grounds that a) my contract was governed by the laws in England and Wales, b) I was only working in France Mon - Fri, returning to the UK at the weekend and c) I was paying my taxes in the UK (where my salary was also paid).
I lost both at the Appeal Tribunal and at the House of Lords because "they have no jurisdiction".
In parallel I also went to the Employment Tribunal in Paris. I lost there as well, because the judge found they "have no jurisdiction" either. The decision came in 2006 (or 2007).
As this matter continues to bug me, I would like to know if there is any chance of taking my case to the European Human Rights tribunal.
Please clarify.

Many thanks,
M Beecham

 



Already Tried:
Employment Tribunal (UK and France) Employment Appeals Tribunal (UK) House of Lords

Submitted: 304 days and 7 hours ago.
Category: European Law
Value: £43
Status: CLOSED
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Expert:  Abogado3044 replied 304 days and 7 hours ago.

I am sorry to say that Uk court has no jurisdiction in France, you should ask for justice in labour tribunal at france, not Uk

That has been the problem.

Now you should ask a france labour solicitor if you are on time to demand them in france or not, because labour matters have very short time spaces to be claimed

Here in Spain, you have only 20 days since you are laid off to put the claim

Thank you for asking

Customer replied 304 days and 7 hours ago.

I don't believe you understood the question I asked, or the situation I explained! I explained that basically BOTH UK and France said they have no jurisdiction, after I took my case in both courts.


I was asking you if a person can be in this situation, i.e. of no jurisdiction. To me it seems like a Human Right to be entitled to a court, in one country at least, either where you had your employment contract or where you actually worked. So, my question was CAN I GO TO THE EUROPEAN HUMAN RIGHTS TRIBUNAL AFTER 5-6 YEARS?


You took my money and your answer is useless!

Customer replied 304 days and 7 hours ago.

The answer was completely unrelated to the question.

Accepted Answer

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Expert:  Abogado3044 replied 304 days and 7 hours ago.

Sorry Sir, I miss the question really

You can go to ask for justice in the European human rights tribunal because the question is not over, you have spent this time in nationals courts and you have not gotten justice

Sorry for my mistake

Its really incredible that both tribunal declares themselves incompetent.

Its a clear case of justice abuse and abandonment of a citicen

JoseMagadan41092.5844931366

Expert TypeAttorney
Category: European Law
Pos. Feedback: 83.0 %
Accepts: 299
Answered: 7/2/2012

Experience: Spanish Attorney

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