header-logo header-logo

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

State immunity—Employment—Human rights

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

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll