Spencer West wins important tribunal ruling

Spencer West Employment Law partner Sharokh Koussari has achieved a landmark victory at the Central London Employment Tribunal for a former employee of the Embassy of Oman in London, who alleged discrimination, unfair dismissal and victimisation. The case required Judge Brown to determine whether the Embassy could claim State immunity before advancing on the employment claims, with a substantive hearing scheduled for the autumn.

During the preliminary hearing, the tribunal explored whether the Claimant’s job functions were of a sovereign nature, ultimately ruling that they were not. The Claimant successfully demonstrated that the Embassy’s actions did not equate to succumbing to the tribunal's jurisdiction merely through its presentation of a substantive response. However, the tribunal decided in favour of the Claimant, declaring that the Embassy had indeed submitted to the jurisdiction by “taking steps in the proceedings” as outlined in the State Immunity Act 1978. This significant ruling stemmed from the Respondent's submission of a case management agenda and response that transcended a simple assertion of state immunity.

Sharokh Koussari commented on the repercussions of the decision, affirming that, “This decision is of particular importance in laying the threshold of where employment functions lay in terms of being of a sovereign nature. Many recent decisions of this kind have gone in favour of the embassies in question.” He further expressed satisfaction in achieving a vital outcome for the client, stating, “We are thrilled to have delivered a strong outcome for our client by successfully arguing the fundamental and complex issue of State Immunity. This case highlights the importance of employment law and the fact that State Immunity does not always provide a bullet point defence to embassies operating in the United Kingdom.”