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Prescription Pricing Authority v. Dr John Johnston Ferguson


Inner House, Court of Session

The appellant authority appealed against a decision that, for the purposes of the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 reg.11(5)(b), the respondent employee (F) executed or performed his contract of employment in Scotland. F had signed his contract of employment in England. The contract stipulated that his "normal place of work" was in England. Although F commuted to and from his home in Scotland at weekends, the only work he did in Scotland comprised the occasional delivery of a lecture or address at a conference. The Employment Appeal Tribunal decided that any connection with Scotland was sufficient to satisfy reg.11(5)(b). F contended that there was no scope for importing into reg.11(5)(b) qualifying words such as "normal", "habitual" or "principal" as contended by the authority.

HELD: Leaving aside the matter of execution, the ordinary meaning of the words in reg.11(5)(b) was that the place of performance of a contract should be wholly or, at least, substantially in Scotland. In the instant case, that requirement clearly was not satisfied.

Appeal allowed.

LTL 8/6/2005,[2005] 1 SC 171,[2005] SLT 63,[2006] SCLR 1

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