Sailing instructor based in South Africa: tribunal strikes out unfair dismissal claim
A course instructor who lived permanently in South Africa and worked mainly abroad had his unfair dismissal claim struck out because the Employment Tribunal lacked territorial jurisdiction.
1 min read · Last updated 18 May 2026
Case details
- #territorial-jurisdiction
- #working-abroad
- #peripatetic-employee
- #south-africa
- #oral-contract
Key facts
- The claimant lived permanently in South Africa throughout the relevant period.
- He worked under an oral contract from 1 December 2018 to 17 February 2023.
- He was required to work 17 days per month and received instructions from the UK.
- He was paid by the Isle of Man company, not the respondent.
- He did not pay UK tax or national insurance.
- The majority of his work was performed outside the UK.
Timeline
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Attended ISAF course in UK
The claimant attended a course with ISAF (the international sailing federation) in the UK.
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Started new contract
The claimant began working under a new oral contract, required to work 17 days per month for an initial salary of £38,760 per year.
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Salary increase
The claimant's salary increased to £45,000 per year.
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Contract ended
The claimant's contract came to an end on this date.
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Contacted ACAS
The claimant contacted ACAS to start the early conciliation process.
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ACAS certificate issued
ACAS issued a certificate, allowing the claimant to present a claim to the tribunal.
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Claim presented
The claimant presented his claim for unfair dismissal to the Employment Tribunal.
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Directions made
Directions were made for preparation of the case, including an agreed bundle and witness statements.
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Hearing and judgment
The hearing took place by video. The tribunal struck out the claim for lack of territorial jurisdiction.
The legal issue
Whether the Employment Tribunal had the legal power to hear an unfair dismissal claim from an employee who lived and worked primarily outside Great Britain, even though he received instructions from the UK and his contract was with a UK company.
The outcome
The tribunal struck out the claim for unfair dismissal on the basis that it had no territorial jurisdiction.
The key reason was that the claimant was permanently resident in South Africa, performed the majority of his work outside the UK, and did not pay UK tax or national insurance. Although he received instructions from the UK and his contract was with a UK-registered company, the connection to Great Britain was insufficient to bring him within the tribunal's jurisdiction.
No compensation was awarded as the claim was struck out at the preliminary stage.
Lessons & takeaways
- If you live and work abroad, check whether UK employment law applies to you — the tribunal will consider factors like where you live, where you work, and whether you pay UK tax.
- An oral contract with a UK company does not automatically give you the right to bring an unfair dismissal claim in the UK if you are based overseas.
- Even if you receive instructions from the UK and are paid by a UK-related entity, the tribunal may still lack jurisdiction if your work is mainly performed abroad.
- Before bringing a claim, consider obtaining advice on territorial jurisdiction — it can be a complex area and a preliminary issue that may end your case early.
This case shows how important it is to establish whether UK employment law protects you if you work abroad. The claimant, a course instructor for an international sailing federation, lived permanently in South Africa and carried out most of his work outside the UK. Although he had an oral contract with a UK-registered company and received instructions from the UK, the tribunal decided it had no power to hear his unfair dismissal claim.
What the tribunal considered
The tribunal looked at several factors to decide whether the claimant had a sufficient connection to Great Britain. He lived in South Africa, worked mainly overseas, did not pay UK tax or national insurance, and was paid by an Isle of Man company. The fact that he negotiated his contract with a UK company and received instructions from the UK was not enough to bring him within the tribunal's jurisdiction. The tribunal also noted that the claimant attended a course in the UK in 2010, but this was a one-off event and did not create an ongoing connection.
What could have been done differently
The respondent, World Sailing (UK) Limited, could have ensured that the claimant's contract was in writing and clearly stated which country's employment law applied. The claimant might have sought advice before starting work to understand whether UK law would protect him. However, given the strong factors pointing away from Great Britain, it is unlikely that any different contractual wording would have changed the outcome on jurisdiction.
Why this matters
This case is a reminder that the Employment Tribunal's reach is not unlimited. Employees who work abroad for UK companies should not assume they can bring unfair dismissal claims in the UK. The tribunal will examine the whole picture, including where the employee lives, where the work is done, and the tax arrangements. If the connection to Great Britain is weak, the claim will be struck out at an early stage, as happened here.
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