Baz v Al-Abbad & Anor [2000] UKEAT 1234_99_1907 (19 July 2000)

Mrs Baz was found to be a member of the administrative staff of the Mission, thus covered by diplomatic immunity under the Vienna Convention as incorporated by the State Immunity Act 1978, precluding tribunal jurisdiction. Arguments based on the Equal Treatment Directive and Human Rights Convention were rejected as not persuasive and not raised below.

Citation: [2000] UKEAT 1234_99_1907
Parties: Appellant: Mrs Baz; Respondent: Dr Al-Abbad; Respondent: Government of the State of Kuwait
Jurisdiction: United Kingdom
Judgment Date: 19 July 2000
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: appeal dismissed
Legal Topics: State Immunity, Diplomatic Immunity, Unfair Dismissal, Sex Discrimination

Employment Law International Law State Immunity Diplomatic Immunity Unfair Dismissal Sex Discrimination

Case Brief

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Parties

Mrs Baz

Appellant

Dr Al-Abbad

Respondent

Government of the State of Kuwait

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the Government of the State of Kuwait is immune from Employment Tribunal jurisdiction under the State Immunity Act 1978 and Vienna Convention
2 Whether Mrs Baz was a member of the administrative staff of the Mission and thus covered by diplomatic immunity
3 Whether the State Immunity Act conflicts with the Equal Treatment Directive or the Human Rights Convention

Ratio Decidendi

Court Disposition

appeal dismissed