Benkharbouche & Anor v Secretary of State for Foreign and Commonwealth Affairs [2017]

Posted In: Case Law
  • Case Reference
    UKSC 62
  • Legal Body
    Uk Supreme Court (UKSC)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality, Contracts of Employment, Working Time, Human Rights, Pay
Issues covered: State Immunity; Access to Justice; Compatibility with International Law; Exploitation of Overseas Staff; Human Rights and Fundamental Freedoms; ECHR

This appeal concerned the alleged exploitation of overseas staff recruited abroad. Unlike the case of Reyes v Al-Malki & Anor [2017] UKSC 61 the claimants were employed by the embassies themselves as opposed to individual diplomats. The case highlights the gradual curtailment of the doctrine of state immunity through human rights law.

The claimants were Moroccan nationals. Ms Benkharbouche was recruited in Iraq to work in the Sudanese embassy in London as a housekeeper and cook to the ambassador. Ms Janah was recruited in Libya to work in the Libyan embassy as a domestic worker. They were dismissed from their roles and initiated claims for unfair dismissal, failure to pay the National

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This article is correct at 19/10/2017

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