Benkharbouche and anor v Embassy of the Republic of Sudan [2015]

Posted In: Case Law
  • Case Reference
    EWCA Civ 33
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
Issues covered: Unlawful Deductions; Article 6; European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) and Article 47; Charter of Fundamental Rights of the European Union (“EU Charter”); State Immunity Act 1978 (SIA)

Another domestic worker, this time working for diplomats from the Republic of Sudan as a cook in the kitchens of the embassy in London. Ms Benkharbouche claimed unfair dismissal and unlawful deductions from wages. Her colleague, Ms Janah, had more general duties and made those and other claims, including racial discrimination and harassment and breach of the Working Time Regulations 1998.

Both claimants lost their cases at tribunal but the UKEAT upheld the claims relating to working time and discrimination, ruling that the SIA should be disapplied for those claims - Article 47 of the EU Charter of Fundamental Rights enshrines the right to a fair trial and effective remedy in relation to EU

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This article is correct at 13/02/2015

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