SCHEDULES

[F1 [F2 SCHEDULE 4 U.K. CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

Textual Amendments

F1 Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1

F2 Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Modifications etc. (not altering text)

C1 Sch. 4 applied (with modifications) (1.10.2008) by The Housing (Scotland) Act 2006 (Consequential Provisions) Order 2008 (S.I. 2008/1889), art. 4(3)

Jurisdiction over individual contracts of employment U.K.

F3 10 (1) In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 3(e). U.K.

(2) An employer may be sued—

(a) in the courts of the part of the United Kingdom in which he is domiciled; or

(b) in the courts of the part of the United Kingdom where the employee habitually carries out his work or in the courts of that part where he last did so; or

(c) if the employee does not or did not habitually carry out his work in any one place, in the courts of the part of the United Kingdom where the business which engaged the employee is or was situated.

(3) An employer may bring proceedings only in the courts of the part of the United Kingdom in which the employee is domiciled.

(4) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5) The provisions of this rule may be departed from only by an agreement on jurisdiction—

(a) which is entered into after the dispute has arisen; or

(b) which allows the employee to bring proceedings in courts other than those indicated in this rule.]]

Textual Amendments

F3 Sch. 4 para. 10 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)