Reyes & Anor v Al-Malki & Anor

Reyes & Anor v Al-Malki & Anor

Employment of a domestic worker by a diplomatic agent at an official residence is not 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961, even if trafficking is alleged. Diplomatic immunity is not displaced by the ECHR or anti-trafficking obligations. Service of proceedings by post on a diplomatic agent's private residence is valid under tribunal rules and does not breach the inviolability provisions of the Convention.

Parties
Appellant: Ms C Reyes; Appellant: Ms T Suryadi; Respondent: Mr J Al-Malki; Respondent: Mrs Al-Malki; 1st Intervener: Secretary of State for Foreign and Commonwealth Affairs; 2nd Intervener: Kalayaan; 3rd Intervener: 4A Law
Jurisdiction
England and Wales
Judgment Date
05 February 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Diplomatic Immunity, Trafficking in Persons, Employment Rights, Access to Justice, Interpretation of Treaties
Diplomatic Law Employment Law Human Rights Diplomatic Immunity Trafficking in Persons Employment Rights Access to Justice Interpretation of Treaties

Case Brief

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Parties

Ms C Reyes

Appellant

Ms T Suryadi

Appellant

Mr J Al-Malki

Respondent

Mrs Al-Malki

Respondent

Secretary of State for Foreign and Commonwealth Affairs

1st Intervener

Kalayaan

2nd Intervener

4A Law

3rd Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether employment of a domestic worker by a diplomatic agent constitutes 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961
  2. 2 Whether diplomatic immunity in such cases breaches Article 6 (right to a fair trial) or Article 4 (prohibition of slavery/trafficking) of the European Convention on Human Rights
  3. 3 Whether service of proceedings by post on a diplomatic agent's private residence is valid

Ratio Decidendi

Employment of a domestic worker by a diplomatic agent at an official residence is not 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961, even if trafficking is alleged. Diplomatic immunity is not displaced by the ECHR or anti-trafficking obligations. Service of proceedings by post on a diplomatic agent's private residence is valid under tribunal rules and does not breach the inviolability provisions of the Convention.

Court Disposition

Appeal and cross-appeal dismissed