Case details

Reyes (Appellant/Cross-Respondent) v Al-Malki and another (Respondent/Cross-Appellant)

Case ID: UKSC 2016/0023

Case summary

Issue(s)

Whether (i) the Employment Tribunal has jurisdiction to hear claims brought by the appellant, under the exception to diplomatic immunity contained in Article 31(1)(c) of the 1961 Vienna Convention on Diplomatic Relations; and (ii) the respondents were validly served with proceedings.

Facts

The appellant was employed as a domestic worker by the respondents, a Saudi Arabian diplomatic agent and his wife. The appellant alleges that she is a victim of trafficking. The appellant brought claims against the respondents, for direct and indirect race discrimination, unlawful deductions from wages (failure to pay the national minimum wage), and breach of the Working Time Regulations. The respondents claim diplomatic immunity. The respondents also contend that they were not validly served with proceedings.

Judgment appealed

[2015] EWCA Civ 32

Parties

Appellant / Cross-Respondent

Ms Cherrylyn Reyes

Respondent / Cross-Appellants
  1. Mr Jarellah Al-Malki
  2. Mrs Al-Malki
Interveners
  1. Kalayaan
  2. Secretary of State for Foreign and Commonwealth Affairs

Appeal

Justices

Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption

Hearing start date

15 May 2017

Hearing finish date

17 May 2017

Watch hearing
15 May 2017 Morning session Afternoon session
16 May 2017 Morning session Afternoon session
17 May 2017 Morning session Afternoon session