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High court rules diplomatic immunity from employment law “incompatible” with Human Rights Act (16 February 2015)

Date: 16/02/2015
Duncan Lewis, Immigration Solicitors, High court rules diplomatic immunity from employment law “incompatible” with Human Rights Act

The Court of Appeal has ruled that foreign embassies in the UK are breaching the European Convention on Human Rights by claiming they are exempt from Britain’s employment laws.

The ruling means that an embassy worker whose employment tribunal for unfair dismissal was halted last year pending the ruling may now be given justice.

The Evening Standard reports that on Thursday (12/02/15), three Appeal Court judges found in favour of two other embassy workers – Fatima Benkharbouche, a cook at the Sudanese embassy, and Minah Janah, a nanny at the Libyan embassy in London.

The ruling now opens up a compensation claim by a male receptionist at the Qatari embassy in London, who alleges he was called a “black slave” by a senior official at the Mayfair embassy.

Mohamoud Ahmed, 74, originally from Somalia, is seeking £100,000 in damages for unfair dismissal and race and age discrimination. He had worked at the Qatari embassy in London for more than 20 years – but claims that the head of the embassy’s medical department referred to him in Arabic as “a dog” and “a donkey”.

The embassy and staff member in question deny the allegations.

Before the ruling embassies claimed diplomatic immunity from employment laws in the UK, meaning that staff could not bring claims for unlawful dismissal or other work-related claims.

Mr Ahmed, Ms Benkharbouche and Ms Janah will now will able to take legal action against their respective former employers as a result of the Court of Appeal ruling.

Mr Ahmed told the Evening Standard:

“This is great news for everyone who works in embassies – no longer can they use immunity to their advantage.

“I can now go forward with my claim – I am prepared to go all the way, even if it has to go to the Supreme Court.”

A spokesman for the Qatari embassy said that the Court of Appeal ruling had “no bearing” on Mr Ahmed’s “unfounded” allegations” – adding that as a result his claim was “entirely without merit”.

Both women involved in the Court of Appeal ruling had claimed unfair dismissal from their embassy employers.

Embassy staff can be given immunity from a range of prosecutions within the UK, such as parking offences.

The High Court ruling now gives workers in foreign embassies the same employment rights as British workers.

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