EAT JURISDICTIONAL POINTS: Excluded employments
The issue in this case is whether the Employment Tribunal was entitled to refuse to review three earlier decisions in which it had concluded that the respondent Authority could not claim state immunity because the claimant fell into one of the exceptions in section 4 of the State Immunity Act 1978. It then subsequently awarded the claimant compensation for unfair dismissal and other breaches of statutory employment rights. The EAT, whilst recognising that considerable leeway will be given to foreign states who seek to raise the issue of immunity late in the day, nonetheless determined that in the particular circumstances of this case the Tribunal was entitled to refuse to review the decisions.
In any event, it appeared highly likely that the state had waived any immunity which it might otherwise have been able to claim.
Judges:
Elias P J
Citations:
[2008] UKEAT 0185 – 08 – 2411
Links:
Statutes:
Employment, International
Updated: 19 July 2022; Ref: scu.278236
