header-logo header-logo

State immunity—Employment—Human rights

18 October 2013
Issue: 7580 / Categories: Case law , Law reports , In Court
printer mail-detail

Benkharbouche v Embassy of the Republic of Sudan and Janah v Libya UKEAT/0401/12/GE; 0020/13/GE

The Employment Appeal Tribunal has held that certain provisions of the State Immunity Act 1978 breach Art 6 of the European Convention on Human Rights, and that the Charter of Fundamental Rights of the European Union requires those provisions to be disapplied insofar as they bar employment law claims that are within the material scope of EU law.

Paul Luckhurst (instructed by Islington Law Centre) for B. James Holmes Milner (instructed by Freemans Solicitors Ltd) for the Republic of Sudan. Paul Luckhurst (instructed by Islington Law Centre) for J. Oliver Assersohn (instructed by MS-Legal) for Libya. 

Two cases were heard together before the Employment Appeal Tribunal, as they raised the common issue of state immunity. In the first, the employee was a cook at the Sudanese embassy. In the second, the employee was a member of the domestic staff at the Libyan embassy. When each brought a claim arising out of their employment (the claims concerned inter alia the Working Time Regulations, racial discrimination and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll