Court of Appeal hearing to challenge defence of diplomatic immunity in discrimination claims involving embassies

Ms Lorenzo’s case was previously successful at the London Central Employment Tribunal and Employment Appeal Tribunal, despite the Kingdom of Spain arguing they have immunity from the claim under Section 1 of the State Immunity Act 1978 (SIA).

The Court of Appeal will consider the limits of state immunity in discrimination claims involving embassies. The case has implications for the interpretation of the SIA and its compatibility with international human rights law.

The hearing (lasting two days) will be held in the Court of Appeal (Civil Division) at the Royal Courts of Justice from 27 November.

Ms Lorenzo, of dual nationality (British and Spanish) was previously employed by the Spanish Embassy in London, ending her employment in September 2015. She subsequently brought claims of unfair dismissal and race discrimination.

The appeal will consider whether sections of the SIA, which extend immunity to employment disputes involving embassy staff with dual nationality, can be disapplied.

Ms Lorenzo is represented by human rights partner Ryan Bradshaw at Leigh Day.

Ryan Bradshaw said:

“I do not believe it in the national interest for us to allow discriminatory practices to be considered above the law in any workplace. We are working to ensure that the provisions of the Equality Act can be applied as widely as possible. It is regrettable that our client issued her claim nine years ago and has still not obtained any finality. It is a credit to her that she has stuck with this through all that time. We hope that with our support justice will be done.” 

The hearing will be livestreamed here from Wednesday 27 November