In what is understood to be one of the first discrimination claims to go to trial against an Embassy in the UK, Ed Kemp wins substantial compensation, recommendations and costs for his client.
Following a 6-day trial in March 2019 and the Embassy’s withdrawal from the proceedings mid-way through Ed’s cross examination of its diplomat, the London Central Employment Tribunal (EJ Wade and members) made findings that Ed’s client, a driver for the Embassy, was called a black slave, a donkey, a dog, pushed on his left shoulder and dismissed because of his race by said diplomat (LINK).
At a remedy and costs hearing today, the Tribunal awarded around £167,000 in compensation which included, notably, an award of £6,000 for aggravated damages. In addition, the Tribunal made an award of £20,000 in costs against the Embassy for its unreasonable conduct in the proceedings. Finally, the Tribunal made far reaching recommendations under the pre-Deregulation Act power in the EqA that, within two months, the Embassy provide equality and diversity training by external equality and diversity consultants for the diplomat and, indeed, all staff including all other members of its diplomatic mission. The Tribunal has also recommended that the Embassy introduce an equal opportunities policy and a separate harassment policy and ensures its policy is effectively implemented.
Click here for written remedy and cost judgment.
A separate claim for damages against the UK Government is currently pending before the European Court of Human Rights for its failure to amend the State Immunity Act 1978 which impeded Mr Ahmed’s right to bring an unfair dismissal claim against Qatar.
The case continues to attract widespread media attention in the UK and overseas:
Ed Kemp is co-chair of the International Group at Littleton Chambers. He specialises in employment cases with an international element. He is an expert in state and diplomatic immunity and the intersection with EU and human rights law.