The Industrial Cases Reports
[2020] ICR 1185
Employment Appeal Tribunal
Basfar
v
Wong
UKEAT/223/19
2019 Nov 20;
2020 Jan 31
2020 Jan 31
Soole J
Conflict of laws— Sovereign immunity— Diplomatic immunity— Employment— Claimant employed to carry out domestic work for diplomat at diplomatic residence— Claims of constructive dismissal and failure to pay national minimum wage— Employer claiming diplomatic immunity— Claimant claiming to be victim of modern slavery— Whether claimant’s employment “commercial activity” exercised by diplomat—
Diplomatic Privileges Act 1964 (c 81), Sch 1, art 31(1)
Judicial precedent— Court of Appeal decision— How far binding— Supreme Court allowing appeal on different ground— Obiter views expressed by Supreme Court justices on issue before Court of Appeal— Whether Court of Appeal decision binding on employment tribunal— Approach of Employment Appeal Tribunal