Bamieh v Eulex (Kosovo) & Ors [2018] UKEAT 0268_16_0119 (19 January 2018)

Bamieh v Eulex (Kosovo) & Ors [2018] UKEAT 0268_16_0119 (19 January 2018)

EULEX Kosovo does not have domestic legal personality in the UK for the purposes of employment law, as no Order in Council has been made and Article 15a of the Joint Action does not confer such personality. The Employment Tribunal has no jurisdiction over claims against EULEX or its Head of Mission. However, the Tribunal erred in striking out whistleblowing detriment claims against Mr Ratel and Ms Fearon, as there is an exceptionally strong connection between them, Great Britain, and British employment law, conferring extraterritorial jurisdiction for those claims. All other grounds of appeal fail.

Citation
[2018] UKEAT 0268_16_0119
Parties
Appellant/claimant: Ms Maria Bamieh; Respondent 2: Foreign and Commonwealth Office (FCO); Respondent 1,3,5,6: EULEX Kosovo
Jurisdiction
United Kingdom
Judgment Date
19 January 2018
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing on Jurisdiction
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Extraterritorial Jurisdiction, Worker/employee Status, Whistleblowing, Vicarious Liability, Legal Personality of International Organisations, Protected Disclosure Detriment, Unfair Dismissal
Employment Law International Law Human Rights Law Extraterritorial Jurisdiction Worker/employee Status Whistleblowing Vicarious Liability Legal Personality of International Organisations +2 more

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Parties

Ms Maria Bamieh

Appellant/claimant

Foreign and Commonwealth Office (FCO)

Respondent 2

EULEX Kosovo

Respondent 1,3,5,6

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing on Jurisdiction

Legal Issues

  1. 1 Does EULEX Kosovo have domestic legal personality for the purposes of UK employment law?
  2. 2 Does the Employment Tribunal have territorial jurisdiction over claims against EULEX and individual respondents seconded to Kosovo?
  3. 3 Is the FCO vicariously liable for acts of individuals seconded to EULEX?

Ratio Decidendi

EULEX Kosovo does not have domestic legal personality in the UK for the purposes of employment law, as no Order in Council has been made and Article 15a of the Joint Action does not confer such personality. The Employment Tribunal has no jurisdiction over claims against EULEX or its Head of Mission. However, the Tribunal erred in striking out whistleblowing detriment claims against Mr Ratel and Ms Fearon, as there is an exceptionally strong connection between them, Great Britain, and British employment law, conferring extraterritorial jurisdiction for those claims. All other grounds of appeal fail.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Claims against EULEX and its Head of Mission remain struck out for lack of jurisdiction.
  • Claims against Mr Ratel and Ms Fearon for whistleblowing detriment reinstated; Tribunal has jurisdiction over these claims.