An Indian woman who did not come to the UK and whose visa application was rejected has tried to sue Air India in a British court, claiming she was discriminated against because she may have traveled to the UK while working as a flight attendant.
The disturbing case was heard at Watford Crown Court, where the woman was told she passed initial recruitment assessments and was offered a job as a crew member, but the offer was withdrawn before she could start her training.
Commissioner says withdrawal of job offer unfair and related to whistleblower complaint (Whistle blowing) the Employment Tribunal was prepared to consider allegations of discrimination and breach of contract. Interestingly, there is no indication that the woman would be in the UK during her employment or that she would be subject to UK law.
In reality, the woman would be in India and would be paid in rupees, but during the recruitment process, she was told that she would spend time in England during the strike. Despite this contentious connection with the UK, the Employment Tribunal examined in detail whether it had jurisdiction to hear the case.
The court concluded that the contract claim could have been considered, but the Indian court was better suited to consider the woman's complaints. This decision highlights the complexity of legal issues in international employment engagements, as well as the need for clear jurisdiction when it comes to employment disputes that cross borders.
This situation illustrates the challenge faced by professionals seeking international opportunities and the problems that can arise when dealing with different laws and interpretations.
