Appeal No.	 EAT/980/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 18 November 1997

Before
HIS HONOUR JUDGE B HARGROVE QC
MR P DAWSON OBE
MR J A SCOULLER

GOVERNMENT OF STATE OF KUWAIT	APPELLANT

MS N FEVZI	RESPONDENT

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

			

	APPEARANCES

For the Appellant	MR S LORBER
(Solicitor)
Messrs Field Fisher Waterhouse
Solicitors
41 Vine Street
London
EC3N  2AA	

	JUDGE HARGROVE QC:   The Appellant employed a Secretary reporting to Professor Ibrahim Al-Rifaiy the Cultural Counsellor.  She worked at the Embassy which is at diplomatic premises.  The claim of the Appellant is that there was no jurisdiction because although, in the main, States are not immune in respect of proceedings concerning contracts of employment, that rule is disapplied by Section 16(1) of the State Immunity Act 1978 in relation to the employment of members of the Mission and that term covers members of staff of the Mission and that in turn covers members of their administrative and technical service staff.

	Put shortly, the Chairman held that there was a distinction between members of the Mission and employed by members of the Mission.  It has to be admitted that at first sight and without hearing full argument on either side, there seems to be some difficulty in reconciling the decision in this case with that reached by the Court of Appeal in Ahmed v The Government of the Kingdom of Saudi Arabia [1996] ICR 25.  Although Mr Justice Hutchinson in that case was uneasy about the effect of Section 16(1) on Section 4, but Mr Justice Hutchinson did not dissent.

	It is an important matter in this case not least because of the preservation of the invoilability of foreign embassies and it is vital that that should be so, for the continuation of proper diplomatic communications.  We shall allow this matter to go forward to a full hearing on the present grounds.