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Posted By Carolyn Dark
I work for a large UK company that have many staff working and living overseas in a variety of countries. I am aware that UK regulations do not apply overseas, but Case Law does. Can anyone tell me of any cases where people have been injured whilst working overseas and what the prosecution/compensation outcome was.
Many Thanks
Carolyn
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Rank: Guest
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Posted By peter gotch
Carolyn
This is subject to very complex international case law.
However, in general the case law indicates that you should apply the principle of complying with what would be required in UK, unless local standards require better.
As regards compensation subject to same principles as if the injury etc occurred in the UK.
For personnel working in eg embassies there is the additional issue that they will be legally considered to be in the UK.
Peter
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Rank: Guest
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Posted By Rob Todd
Carolyn,
The most pertinent laws that you would have to deal with are local criminal (H&S) if they exist, local civil and also Private International Law.
Private International Law (AKA Conflict of Laws) allows, in certain circumstances, actions to be taken in the UK (for your purposes) where an offence (normally a tort) was committed abroad. (See Rachel Lubbe & Others -v- Cape UK as an example).
A good book on the subject is "Cheshire & North's Private International Law" published by Butterworths (ISBN 0-406-90596-7)
This is not an endorsement of the book, just saying that this is the one that I use (just in case anyone accuses me of product placement).
Cheers
Rob
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