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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I am a UK citizen employed by a US company in the UK am I protected

Resolved Question:

I am a UK citizen employed by a US company in the UK am I protected by UK employment Law with regards XXXXX XXXXX and termination of contract due to the US Company ceasing to trade in the UK
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello and thank you for your question, which I will gladly help with. Please let me know how long you have worked there?
Customer: replied 5 years ago.
9 years
Expert:  Ben Jones replied 5 years ago.
Does our contract state what country's jurisdiction governs your employment contract?
Customer: replied 5 years ago.
New Jersey USA
Expert:  Ben Jones replied 5 years ago.
Are you domiciled in the UK?
Customer: replied 5 years ago.
Expert:  Ben Jones replied 5 years ago.
This is a somewhat complicated situation and I will explain it as best as I can.

Where a contract of employment states that the law of a certain country is to apply to the contract, it often also purports to confer jurisdiction on the courts of the same country. In such circumstances, Council Regulation (EC) No 44/2001 applies (known as the Brussels Regulation). The Brussels Regulation applies where the defendant (whatever their nationality) is domiciled in any EU country.

Section 5 of the Brussels Regulation (Articles 18 to 21) addresses jurisdiction over individual contracts of employment. Employees may sue their employer either in the courts of the member state where the employer is domiciled or in another member state in the courts of the place where the employee habitually works. An employee who does not habitually work in any one country may sue the employer in the courts of the place where the business which engaged the employee is situated. An employer who is not domiciled in any member state, but has a branch, agency or other establishment in one of the member states, is deemed to be domiciled in that member state (Articles 18 and 19).

So even if your employment contract states it is subject to US law, you could argue that by having a branch, agency or establishment in the UK it is domiciled here an as such you could also use UK law to sue them if necessary.

Please press Accept and I can expand my answer and provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you
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