Embassy Workers welcome Human Rights protection however future cases need quicker resolution
12 July 2022
The Joint Committee of Human Rights has welcomed proposed amendments to the State Immunity Act that would stop workers in embassies and consulates being blocked from taking employment cases to court, where they were not employed in diplomatic functions. It has however criticised the length of time taken to rectify the incompatibility with the UK’s human rights obligations following a 2017 Supreme Court ruling. It urges the Government to work with Parliament to establish a streamlined system for resolving incompatibilities in the future.
The Supreme Court found the State Immunity Act 1978 to be incompatible with the European Convention on Human Rights as it gave foreign states immunity from UK law regarding employment disputes brought by workers in diplomatic missions or consular posts beyond that required by international law on sovereign immunity. Under the Act, legal protections intended to cover diplomats and consular officials were in effect blocking those in other positions from having their employment rights protected in court. The Government has brought forward a proposed draft Remedial Order to resolve this incompatibility.
Key findings and recommendations
The Joint Committee welcomes the Remedial Order and believes that it rectifies the incompatibilities identified in the legislation, ensuring that a person would only be barred from taking an employment dispute to court where required by international law on sovereign immunity.
The report does however warn that the remedial order leaves room for interpretation as to what employment is considered to be in the ‘exercise of sovereign authority’, which could leave both employees and their embassy employers unclear as to which employees can bring employment claims before UK courts. It recommends the Government consider giving greater legal certainty to employees and employers as to which roles are encompassed in this definition.
It additionally expresses concern around the time taken to resolve this incompatibility. The UK’s Supreme Court found the State Immunity Act to be incompatible with the European Convention on Human Rights in 2017. The UK Government is bound, by international law, to secure human rights protections to everyone in the UK. It therefore has a duty to take action and address failings when found to be in breach of its human rights obligations. The Report calls on the Government to work with Parliament to establish a system for setting timescales and methods for amending UK law found to be incompatible with human rights legislation. It warns this may become even more pressing should the proposed Bill of Rights reforms result in an increase in declarations of incompatibility.
Publishing the report, Acting Chair of the Joint Committee on Human Rights Joanna Cherry QC MP said:
“There are well established rules under international law that give protection to foreign governments carrying out sovereign and diplomatic work in the UK. However, it is wrong that these same rules should effectively block those providing support services, such as drivers or cleaners, from having their employment rights protected.
“We welcome the Government bringing forward this remedial order to ensure that the UK enables those, such as domestic workers, to access a court to resolve employment disputes. It is disappointing that it took five years for this draft order to be produced and it is clear that much more needs to be done to streamline this process. We urge the Government to work with Parliament to ensure a swifter response to amend laws found to be incompatible with human rights obligations in the future.”
Further Information
Image: CC0