Benkharbouche & Anor v Secretary of State for Foreign and Commonwealth Affairs Posted In: Case Law
Case ReferenceUKSC 62
Legal BodyUk Supreme Court (UKSC)
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality, Contracts of Employment, Working Time and Leave, Human Rights, Pay and Conditions of Employment
This appeal concerned the alleged exploitation of overseas staff recruited abroad. Unlike the case of Reyes v Al-Malki & Anor  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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