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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll