Claimant v The Government of the State of Kuwait

Outcome

Facts

Two Lebanese nationals, married to each other, were employed at the Military Attache Office of the Kuwaiti Embassy in London. The First Claimant worked as PA secretary/Public Relations from May 2000 to March 2021; the Second Claimant as an accountant/Head of Accounts from April 2009 to June 2021. Both had access to highly sensitive military and diplomatic information. They were suspended during a Kuwaiti government investigation into alleged fraud by the former Kuwaiti Prime Minister and Head of the MAO. Both were subsequently dismissed. They brought claims of unfair dismissal, race discrimination, harassment, breach of contract, and Working Time Regulations breaches against the State of Kuwait and three individual diplomats.

Decision

The Tribunal struck out all claims on the basis of state immunity. It held that both Claimants' employment was entered into in the exercise of sovereign authority because their functions were sufficiently close to the governmental functions of the Military Attache Office. The First Claimant handled the diplomatic bag, listened to recordings of diplomatic meetings, and arranged VIP reception involving UK police. The Second Claimant had access to sensitive military purchasing and training information. Discrimination claims relating to the fraud investigation were also barred as acts of sovereign authority. Claims against individual diplomats were struck out under Article 39(2) VCDR as the alleged acts were performed in exercise of their functions as members of the mission. The Second Claimant's personal injury claim was barred, following the Court of Appeal's reasoning in Alhayali that s5 SIA does not provide a standalone route to avoid immunity for employment claims otherwise barred under ss4 and 16.

Practical note

Legal authorities cited