U.K. Supreme Court Rules Morrocan Nationals May Bring Employment Claims Against Libyan and Sudanese Employers in London (October 18, 2017) [1]
On October 18, 2017, the U.K. Supreme Court ruled [3] in two joined cases in favor of two Moroccan nationals who were employees at the Libyan and Sudanese embassies in London, were dismissed from their positions, and filed claims against Libya and Sudan in the Employment Tribunal. Their claims were based on European Union law as well as domestic U.K. law, and the Employment Tribunal dismissed them on the basis that the states were entitled to immunity under the State Immunity Act 1978. The press summary [4] notes that “the 1978 Act renders a foreign state immune from the jurisdiction of a UK court in a claim based on the foreign state’s employment of the claimant, where the claimant either: (i) at the time of the contract, was neither a UK national nor UK resident; or (ii) works for the foreign state’s diplomatic mission.” The Supreme Court agreed with the claimants’ argument that the 1978 act was incompatible with the EU Charter of Fundamental Rights and Freedoms and that the claims regarding EU law should be allowed to proceed: “EU law prevails over English law in the event of a conflict, so those sections of the 1978 Act cannot bar the claims which are based on EU law.”