The Weekly Law Reports
[2022] 3 WLR 208
Supreme Court
Basfar
v
Wong
[2022] UKSC 20
2021 Oct 13, 14;
2022 July 6
2022 July 6
Lord Briggs, Lord Hamblen, Lord Leggatt, Lord Stephens, Lady Rose JJSC
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— Claimant pleading allegations of having been trafficked to UK by diplomat and forced to work in excess of contracted hours under conditions of modern slavery— Diplomat applying to strike out claim in reliance on diplomatic immunity from suit— Whether claim falling within exception to immunity as relating to commercial activity outside diplomat’s official functions— Whether employment of claimant under conditions of modern slavery capable of amounting to “commercial activity”—
Diplomatic Privileges Act 1964 (c 81), Sch 1, art 31(1)
—
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000), art 3