EAT Jurisdictional Points : State Immunity – An employee at the Brazilian Embassy in London was dismissed having reached the age of 70. He contended that he had been unfairly dismissed and that the dismissal constituted unlawful jurisdiction on the grounds of age. The claim form was served in accordance with the provisions of section 12(1) of the State Immunity Act 1978, that is by being transmitted via the Foreign and Commonwealth Office to the Ministry of Foreign Affairs in Brasilia. The Embassy contended that that service was ineffective as it was not a form of service provided for under Brazilian law. The Employment Appeal Tribunal held that Parliament did not intend to provide for a method of service in a State which involved the doing of something in that State which was contrary to the law of that State. Contrary to law in this sense meant that the act was prohibited under the law of the State concerned. The Embassy accepted that there was no evidence that service at the Ministry of Foreign Affairs was prohibited by the law of Brazil. In those circumstances, service in accordance with the provisions of section 12(1) was effective service for the purposes of the law of England and Wales (even if it would not have been effective for the law of Brazil). Consequently, the claim in the present case had been validly served.
Lewis J
[2014] UKEAT 0456 – 13 – 2803
Bailii
State Immunity Act 1978 12(1)
England and Wales
Employment, International
Updated: 02 November 2021; Ref: scu.523367
