Supreme Court in Benkharbouche finds embassy staff have the right to sue their employers


11KBW’s Karen Steyn QC appeared in Benkharbouche and Janah (judgment 18 October 2017), in which the Supreme Court held that provisions of the State Immunity Act 1978 preventing embassy service staff bringing employment claims before the English courts were incompatible with the right of access to a court and, insofar as the claims were derived from EU law, the incompatible provisions should be disapplied.

The Supreme Court’s press summary is here.

The judgment is here.

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