Ian Smith shuns immunity & considers three recent judgments which make important contributions to the development of the law
- How does whistleblowing law apply in an ‘Iago case’?
- How wide is the protection for job applicants with a history of trade union involvement?
- How does TUPE apply to tort liabilities?
Immunities are not currently in fashion and are increasingly open to challenge under EU and/or human rights law. Last month three Supreme Court cases narrowed three different ones significantly in the employment law context:
- in Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2017] All ER (D) 84 (Oct) state immunity did not save foreign legations from tribunal action by a domestic employee alleging bad treatment;
- in Reyes v al-Maliki [2017] UKSC 61, [2017] All ER (D) 85 (Oct) diplomatic immunity was narrowed to allow a claim against a diplomat for bad treatment of a domestic employee in his own home (with allegations of modern slavery too), at least once his diplomatic post had ended; and
- in P v Commissioner of Police for the Metropolis
