Basfar v Wong

Subject Matter

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)

UKEAT/223/19; [2020] ICR 1185; [2020] WLR(D) 240, EAT

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

UKEAT/223/19; [2020] ICR 1185; [2020] WLR(D) 240, EAT

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 United Kingdom by diplomat and forced to work in conditions of modern slavery — Whether employment of claimant under conditions of modern slavery capable of amounting to “commercial activity” so as to bring claim within exception to diplomatic immunity — 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 Organized Crime (2000), art 3

[2022] UKSC 20; [2023] AC 33; [2022] 3 WLR 208; [2022] ICR 1255; [2022] 4 All ER 1; [2022] WLR(D) 305, SC(E)

Appellate History

Commentary

Littleton chambers
Basfar v Wong - diplomatic immunity, human trafficking and "commercial activities" revisited Case comment

UK Supreme Court Blog
New Judgment: Basfar v Wong [2022] UKSC 20 Case comment

No diplomatic immunity for actions grounded in modern slavery allegations Case comment