An Indian woman who had never been to the UK and whose visa application was rejected tried to sue Air India in a British court, alleging discrimination because she could fly to the UK during a layover as a flight attendant.
The confusing case was heard at Watford Crown Court, which heard the woman had passed the initial recruitment assessment and was offered a job as a crew member, but the offer was withdrawn before she began training.
Commissioner says withdrawal of job offer was improper and related to a whistleblower complaint (whistleblowing).The employment tribunal was set up to consider allegations of discrimination and breach of contract. Interestingly, there was never any indication that the woman would live in the UK during her employment or that she would be subject to UK law.
In reality, the woman would be based in India and paid in rupees, but during the recruitment process, she was told that she would be spending time in the UK during off-duty work. Despite this controversial connection to the UK, the employment tribunal examined in detail whether it had jurisdiction to hear the case.
The court concluded that it could consider the contractual claim, but decided that an Indian court would be best suited to consider the woman’s complaints. The decision highlights the complexity of the legal issues in international employment partnerships, as well as the need for clear jurisdiction in the case of cross-border employment disputes.
The situation also highlights the challenge faced by professionals seeking international opportunities and the complexities that arise when dealing with different laws and interpretations.
