Benkharbouche –v- Secretary of State for Foreign and Commonwealth Affairs & Libya –v- Janah
From the Supreme Court website:
Whether granting immunity from suit under the State Immunity Act 1978 engages, and breaches, the Respondents' rights under the European Convention on Human Rights (ECHR) and EU Charter.
Ms Janah was employed as a member of the domestic staff at the Libyan Embassy in London. Ms Benkharbouche was employed in the Sudanese Embassy. Following dismissal from their employment, the claimants issued claims in the Employment Tribunal. Libya and Sudan claimed immunity from suit under the State Immunity Act 1978. The claimants responded that barring their claims would breach Article 6 and/or Article 14 of the ECHR and/or Article 47 of the EU Charter. The Court of Appeal accepted the claimants’ arguments, making a declaration of incompatibility pursuant to section 4 of the Human Rights Act 1998 and disapplying the State Immunity Act 1978 in respect of the elements of the claims within the scope of EU law. The Secretary of State was joined to proceedings at the Court of Appeal stage as entitled under section 5 Human Rights Act 1998.
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Arfan Khan / 6th Jun 2017
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