Significant victory in Alaeddine and Rfaieh v The Government of the State of Kuwait and others (29 October 2025)
Weightmans’ dedicated team of embassy specialists, comprising Jawaid Rehman, Mark Foster and Lasya Nair, has successfully secured state and diplomatic immunity for the State of Kuwait and its senior diplomats in a pivotal Employment Tribunal (ET) judgment handed down on 29 October 2025.
The firm, instructing Mohinderpal Sethi KC, acted for the State of Kuwait in the matter of Alaeddine and Rfaieh v The Government of the State of Kuwait and others.
The claimants had brought complaints against Kuwait and three senior diplomats, including the Military Attaché, alleging race discrimination, harassment, unfair dismissal, breaches of the Working Time Regulations, failure to pay holiday pay, and breach of contract arising from their employment at the Military Attaché Office of the Embassy of the State of Kuwait in London.
In a significant development altering the legal landscape, Employment Judge Brown found that the employment of both claimants constituted acts of sovereign authority, as their roles were sufficiently integrated with the governmental functions of the military mission. Accordingly, their claims were barred by the State Immunity Act (SIA) 1978, marking the first time the ET has applied the UK Supreme Court’s recent judgment in The Royal Embassy of Saudi Arabia v Constantine [2025].
The claims of race discrimination and harassment arising from the claimants’ suspension and investigation - connected to the state’s inquiry into the former Kuwaiti Prime Minister - were also deemed acts performed in the exercise of sovereign authority and so were barred by sections 1 and 16(1)(aa)(ii) SIA. This represents the first application of this SIA provision by the ET.
The Tribunal also considered the potential application of the personal injury exception under section 5 SIA 1978 to employment claims by embassy staff. Following the obiter comments of Bean LJ in Saudi Arabia v Alhayali [2025], the ET held that a claim for compensation for psychiatric personal injury arising from discrimination was likewise barred by state immunity. This is the first instance of the ET considering the Alhayali decision, and the EAT is set to authoritatively address this issue in Kuwait v Mohamed later this year, with Weightmans instructing Mohinderpal Sethi KC.
Jawaid Rehman, Partner at Weightmans, commented: “This is a fantastic result for our client, as all claims brought by both claimants were barred by either state or diplomatic immunity under international law and have been struck out. It sets a clear precedent for the application of sovereign and diplomatic protections in employment disputes involving embassies.”
