Does an embassy employee have diplomatic immunity in respect of employment claims from his domestic staff?
No, held the Supreme Court in Reyes v Al-Malki. Link to Judgement
Mr and Mrs Al-Malki employed Ms Reyes as a member of domestic staff at their London residence. Mr Al-Malki was a diplomat of the Saudi Arabian embassy in London.
In circumstances very similar to yesterday’s case of Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs & Anor, Ms Reyes began employment tribunal proceedings and alleged that Mr and Mrs Al-Malki mistreated her during her employment and that she is a victim of human trafficking. Those allegations have yet to be determined and the issue for the Supreme Court was whether the tribunal has jurisdiction to hear the claims within the exception to the rule of diplomatic immunity, contained in Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961.
The Supreme Court unanimously held that Mr Al-Malki would not be entitled to diplomatic immunity in relation to a claim of human trafficking brought by Ms Reyes because her employment (to carry out domestic tasks) and alleged treatment would not constitute acts performed in the course of the diplomat’s official functions.