Bertolucci v European Bank For Reconstruction & Development & Ors [1997] UKEAT 276_97_2207 (22 July 1997)

Bertolucci v European Bank For Reconstruction & Development & Ors [1997] UKEAT 276_97_2207 (22 July 1997)

The Bank and its officers are immune from suit and legal process for acts and omissions performed within the scope of official activities, including employment-related matters, under the Immunities and Privileges Order 1991. The Industrial Tribunal has no jurisdiction to hear the complaints. Immunity is not overridden by European Community law or the Equal Treatment Directive, and the Bank is not an emanation of the State.

Citation
[1997] UKEAT 276_97_2207
Parties
Appellant: Ms Bertolucci; First Respondent: European Bank for Reconstruction and Development; Second Respondent: Mr Keane; Third Respondent: Mr Kerby
Jurisdiction
United Kingdom
Judgment Date
22 July 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Ruling
Outcome
Appeal dismissed
Legal Topics
Immunity of International Organisations, Sex Discrimination, Jurisdiction of Industrial Tribunals, European Community Law
Employment Law International Law Human Rights Immunity of International Organisations Sex Discrimination Jurisdiction of Industrial Tribunals European Community Law

Case Brief

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Parties

Ms Bertolucci

Appellant

European Bank for Reconstruction and Development

First Respondent

Mr Keane

Second Respondent

Mr Kerby

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Ruling

Legal Issues

  1. 1 Whether the European Bank for Reconstruction and Development and its officers are immune from suit and legal process in respect of employment-related sex discrimination claims
  2. 2 Whether acts and omissions alleged constitute 'official activities' under the Immunities and Privileges Order 1991
  3. 3 Whether immunity extends to acts of discrimination and omissions

Ratio Decidendi

The Bank and its officers are immune from suit and legal process for acts and omissions performed within the scope of official activities, including employment-related matters, under the Immunities and Privileges Order 1991. The Industrial Tribunal has no jurisdiction to hear the complaints. Immunity is not overridden by European Community law or the Equal Treatment Directive, and the Bank is not an emanation of the State.

Court Disposition

Appeal dismissed

Orders

  • No jurisdiction to consider complaints against any of the respondents
  • No remedy available in UK courts; remedy, if any, is through internal Bank procedures