Reyes v Al-Malki

Reyes v Al-Malki was an appeal against a decision of the Court of Appeal which held that the Employment Tribunal lacked jurisdiction to hear claims brought by a former domestic worker against the Al-Malkis, a diplomat and his wife, on the basis that they were entitled to diplomatic immunity. The Supreme Court allowed the appeal, holding that the Al-Malkis were no longer entitled to diplomatic immunity as Mr Al-Malki had ceased to be a member of the Saudi mission in London. The Supreme Court also held that the employment and maltreatment of Ms Reyes by the Al-Malkis did not amount to a commercial activity for the purposes of article 31(1)(c) of the Vienna Convention on Diplomatic Relations, even if the employment was part of a human trafficking scheme. The Court remitted the case to the Employment Tribunal to determine the merits of the claims on the basis of the facts assumed to be true. Lord Wilson expressed doubts about the Court's conclusion that the employment of Ms Reyes was not a commercial activity, suggesting that it may be more appropriate for the International Law Commission to consider an amendment to the Vienna Convention to clarify the position.