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    d not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and hel

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    In the case Saggar v Ministry of Defence [2005], it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee’s employment, is entitled to bring a discrimination claim in the UK. The claim can be brought even if the employee did no further work in Britain after the move overseas.

    After 16 years at a Ministry of Defence base in Britain, Lieutenant Colonel Surinder Nath Saggar was permanently stationed in Cyprus from 1998 and was still there when he made a claim for race discrimination.

    The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and hel

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    ng the course of the employee’s employment, is entitled to bring a discrimination claim in the UK. The claim can be brought even if the employee did no further work in Britain after the move overseas.

    After 16 years at a Ministry of Defence base in Britain, Lieutenant Colonel Surinder Nath Saggar was permanently stationed in Cyprus from 1998 and was still there when he made a claim for race discrimination.

    The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and hel

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    tain after the move overseas.

    After 16 years at a Ministry of Defence base in Britain, Lieutenant Colonel Surinder Nath Saggar was permanently stationed in Cyprus from 1998 and was still there when he made a claim for race discrimination.

    The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and hel

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    m 1998 and was still there when he made a claim for race discrimination.

    The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and hel

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    d not file a race discrimination claim in Britain. He appealed against this decision to the Employment Appeals Tribunal (“EAT”).

    The EAT dismissed the appeal and held that:-

    ▪ In order for Lieutenant Saggar’s claim to succeed, the EAT would have to look at the whole of his employment from 1982 onwards, and that would be “absurd”;

    ▪ The EAT was bound by the decision of the Court of Appeal in the case of Carver v Saudi Arabian Airlines [1999] where for the purposes of establishing whether or not a tribunal has jurisdiction to hear a claim, it is necessary to consider whether, at the time of the alleged discrimination, the claimant was wholly or mainly working in Great Britain;

    ▪ Accordingly, at the time of the alleged discrimination, Lieutenant Saggar worked wholly in Cyprus.

    The case went to the Cou

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