Points of law

1) It is not possible to read down sections 16 and 4 State Immunity Act to allow an employment claim to proceed against an embassy, even where prevention of the claim would be incompatible with the embassy employee’s right of access to court under article 6 European Convention on Human Rights.

2) Where the provisions of sections 16 and 4 conflict with an employee’s rights to an effective remedy and a fair trial under article 47 Charter of Fundamental Rights of the European Union, the principle of effectiveness means that they can be disapplied insofar as the claims are within the material scope of EU law.

Classification: 0.b.2

Summary of the case

Sources

[2014] 1 C.M.L.R 40; [2014] I.C.R. 169

Additional information (explanations, notes, etc.)

This case is subject to an outstanding appeal to the Court of Appeal. The Employment Appeal Tribunal granted leave to appeal to both claimants and respondents on the grounds that “the law cannot necessarily be regarded as finally settled in this area” and because the application of similar rights in different territories had led to two different outcomes as regards state immunity.