City Law Firm Silverman Sherliker Win "Stunning" Decision in Groundbreaking Employment Appeal Case Affecting Thousands

By Silverman Sherliker Llp, PRNE
Thursday, December 16, 2010

LONDON, December 17, 2010 - Thousands of employees of foreign companies are set to be impacted by a
significant Employment Tribunal decision, as City Law Firm, Silverman
Sherliker
, wins a major victory for an employee of an overseas bank. The
decision (Pervez -v- Macquarie Bank Limited - UKEAT/0246/10 CEA) is
particularly relevant to the banking industry.

The employee worked for an overseas bank and came to the UK on
international assignment to work a UK associated company. He was subsequently
dismissed, and sued his employer for a significant sum.

Although he was protected under primary UK law, the rules conferring
power on Tribunals to hear such claims did not allow him to bring those
claims. In essence, the law protected him on the one hand, but on the other
hand did not allow him to sue!

Silverman Sherliker seized upon, and reversed, this manifest injustice
and when the employment tribunal declined to hear the case, successfully
appealed.

In a decision handed down on 8 December 2010, and described as
"stunning", the Appeal Judge, the Honourable Mr Justice Underhill decided it
was clearly wrong that the employee should be given legal rights, but not
allowed to enforce them.

The decision means that many employees of overseas employers, posted to
work in the UK, now fall within the protection of the law where before they
would not have done.

Note for Editors:

Silverman Sherliker LLP is a full service London law firm
based in EC2. Founded in 1981, it represents both businesses and private
individuals both in the UK and overseas.

www.silvermansherliker.co.uk

    Contact: Martin Donoghue, Partner (mdd@silvermansherliker.co.uk)
    or Robert MacGinn, Director of Marketing (rm@silvermansherliker.co.uk)
    or call +44(0)20-7749-2700

Contact: Martin Donoghue, Partner (mdd at silvermansherliker.co.uk), or Robert MacGinn, Director of Marketing (rm at silvermansherliker.co.uk), or call +44(0)20-7749-2700.

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