10 Conclusions

Abstract

This concluding chapter studies the crucial overlap between jurisdiction, choice of law, and mandatory rules in employment cases. The fact that rules on jurisdiction and choice of law overlap and interrelate means that the rules comprising private international law need to be considered as a whole and cannot be considered in isolation. Moreover, an examination of the detailed private international law rules which apply to employment contracts reveals that there are also common themes, concepts, or rationales which might be drawn from rules in one context and applied in another. In addition, the changes brought about by Brexit have resulted in a number of overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. For cases in the High Court, the common law rules are amended to mirror the provisions which previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, now that the rules are not binding as matter of EU, there will be scope to amend and reform the rules.