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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll