Basfar v Wong (DIPLOMATIC IMMUNITY) [2020] UKEAT 0223_19_3101 (31 January 2020)

Basfar v Wong (DIPLOMATIC IMMUNITY) [2020] UKEAT 0223_19_3101 (31 January 2020)

The employment of a domestic servant by a serving diplomat at his diplomatic residence, even in circumstances amounting to trafficking and modern slavery, does not constitute 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961. The Court of Appeal's decision in Reyes v...

Source-derived case information.

Citation
[2020] UKEAT 0223_19_3101
Parties
Claimant: Claimant (unnamed, of Philippine nationality); Respondent: Respondent (unnamed, serving diplomat)
Jurisdiction
United Kingdom
Judgment Date
31 January 2020
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision on Diplomatic Immunity Strike Out Application
Outcome
Appeal allowed; defence of diplomatic immunity succeeds; claims struck out.
Legal Topics
Diplomatic Immunity, Modern Slavery, Human Trafficking, Employment Rights, Precedent Doctrine
Employment Law International Law Diplomatic Law Diplomatic Immunity Modern Slavery Human Trafficking Employment Rights Precedent Doctrine

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Summary, issues, holding and outcome

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Parties

Claimant (unnamed, of Philippine nationality)

Claimant

Respondent (unnamed, serving diplomat)

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Employment Tribunal Decision on Diplomatic Immunity Strike Out Application

Legal Issues

  1. 1 Whether a diplomat's employment of a trafficked domestic servant constitutes 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961, thus excluding diplomatic immunity
  2. 2 Whether the Court of Appeal's decision in Reyes v Al-Malki on 'commercial activity' is binding precedent after the Supreme Court allowed the appeal on other grounds

Ratio Decidendi

The employment of a domestic servant by a serving diplomat at his diplomatic residence, even in circumstances amounting to trafficking and modern slavery, does not constitute 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations 1961. The Court of Appeal's decision in Reyes v Al-Malki is not binding precedent, but its reasoning, and that of the Supreme Court minority, represents the current state of the law. Therefore, the defence of diplomatic immunity succeeds and the claims are struck out.

Court Disposition

Appeal allowed; defence of diplomatic immunity succeeds; claims struck out.

Orders

  • The appeal is allowed.
  • The defence of diplomatic immunity is upheld.