header-logo header-logo

20 October 2017
Issue: 7766 / Categories: Legal News , Human rights
printer mail-detail

Immunity not impunity: diplomats accountable when they exploit domestic workers

A Saudi diplomat cannot rely on diplomatic immunity to protect him from an employment tribunal case brought by a domestic worker, the Supreme Court has held.

The worker, Cherrylin Reyes, said she was expected to work 18 hours a day, seven days a week and forbidden from leaving the house except with a family member. She has since been recognised by the Home Office as a victim of trafficking.

The court found that the employment of a private domestic worker performing the role that Reyes did was not within the official functions of a diplomat and therefore no immunity could be claimed once the diplomat left his post.

It held, therefore, that the employment tribunal does have jurisdiction to hear Reyes’ claims of direct and indirect race discrimination, unlawful deductions from wages (failure to pay the national minimum wage), and breach of the Working Time Regulations, in Reyes v Al-Malki & Anor [2017] UKSC 61.

Fittingly, the judgment was handed down on Anti Slavery Day 2017, this week.

Zubier Yazdani, partner at Deighton Pierce Glynn, who acted for the migrant workers’ charity Kalayaan, which intervened in the case, said: ‘The Supreme Court has sent out a clear signal that immunity no longer means impunity. Diplomats should expect to be held accountable in the UK when they exploit their domestic workers.’

Also this week, the Supreme Court dismissed the Foreign Secretary’s appeal in Benkharbouche v Foreign Secretary [2017] UKSC 62, ruling that state immunity did not prevent two domestic workers bringing employment tribunal claims against their employers, the Sudanese and Libyan Embassies.

 
Issue: 7766 / Categories: Legal News , Human rights
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll