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Mo Sethi KC secures state and diplomatic immunity for Kuwait  

03.11.25

The Employment Tribunal has delivered its judgment in Alaeddine and Rfaieh v The Government of the State of Kuwait and others (29 October 2025) per EJ Brown, in which Mohinderpal Sethi KC successfully represented the State of Kuwait.

The Claimants brought complaints against Kuwait and three senior diplomats (including the Military Attache) of race discrimination (because of Lebanese nationality), harassment, unfair dismissal, breach of the Working Time Regulations, failure to pay holiday pay and breach of contract arising from their employment at the Military Attache Office of the Embassy of the State of Kuwait in London.

In a significant judgment, EJ Brown held that:

1. The employment of both Claimants was an act of sovereign authority, so their claims were barred by ss1 and 16(1)(aa)(i) State Immunity Act 1978 (SIA 1978) as amended by the State Immunity Act 1978 (Remedial Order) 2023/112. Both Claimant’s job functions were found to be sufficiently close to the governmental functions of the military mission. This is the first time that the ET has applied the UK Supreme Court’s recent judgment in The Royal Embassy of Saudi Arabia v Costantine [2025] UKSC 9, [2025] ICR 768 (SC), [2025] IRLR 636 (6 March 2025) – in which Mohinderpal Sethi KC appeared on behalf of the Kingdom of Saudi Arabia. See here.
2. The claims of race discrimination and harassment brought by both Claimants regarding their suspension and investigation, arising out of the state’s investigation into the former Kuwaiti Prime Minister, related to acts done in the exercise of sovereign authority and so were barred by ss1 and 16(1)(aa)(ii) SIA. This is the first time that the ET has applied this provision of the SIA 1978.
3. The ET considered whether the personal injury exception to state immunity contained in s5 SIA 1978 applies at all to employment claims brought by embassy employees. Recently, in Saudi Arabia v Alhayali [2025] EWCA Civ 1162 (11 September 2025) Bean LJ expressed the obiter view that it did not and that the EAT’s decision in Nigeria v Ogbonna [2012] ICR 32 was wrongly decided on this issue. In following the obiter comments in Alhayali, the ET held that the Second Claimant’s claim for compensation for psychiatric personal injury arising from discrimination was barred by state immunity. This is the first time that the ET has considered Alhayali – in which Mohinderpal Sethi KC also acted for Saudi Arabia at first instance. Indeed, the EAT is due to authoritatively determine this issue in Kuwait v Mohamed later this year – in which Mohinderpal Sethi KC will be appearing for Kuwait.
4. The Second, Third and Fourth Respondent diplomats were immune from the civil jurisdiction of the courts and tribunals of the United Kingdom by virtue of Article 39(2) of the Vienna Convention on Diplomatic Relations 1961, in respect of the alleged unlawful acts. In so ruling, the ET applied Basfar v Wong [2022] UKSC 20, [2022] ICR 1255 (SC), [2022] IRLR 879 – in which Mohinderpal Sethi KC also represented Saudi Arabia in the Supreme Court. See here.

As a result, all of the claims brought by both Claimants were barred by either state or diplomatic immunity under international law and were struck out.

The Judgment can be read here.

Mohinderpal Sethi KC was instructed by Jawaid Rehman at Weightmans LLP.

Mohinderpal Sethi K.C. specialises in domestic, international and offshore business protection, employment, partnership and sport litigation and arbitration. He is a Top-Ranked Silk in Chambers (UK and Global) and Legal 500 (UK, EMEA and Caribbean). He has twice represented foreign states in the UK Supreme Court in groundbreaking employment claims under international law. For two years in a row, he was the Senior Counsel of the Year (International Employment Lawyer Awards 2023 and 2024). He is also the Employment Silk of the Year (Legal 500 Bar Awards 2023), Civil Lawyer of the Year (Asian Legal Awards 2022) and Barrister of the Year Finalist (The Lawyer Awards 2022). He is a former Chair of the UK’s Employment Law Bar Association and is currently Co-Head of the Middle East Group.