← All Authorities
United Kingdom jurisdictionduty of care

Reyes v Al-Malki

[2017] UKSC 61
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2017
StatusBinding authority

Summary

Diplomatic immunity does not shield a former diplomat from claims by a domestic worker where the relevant acts were performed in a private capacity after the posting ended.

Key Principle

A domestic worker employed by a diplomat cannot claim diplomatic immunity does not apply; but the immunity does not extend to acts performed in a private capacity after the diplomat's posting has ended.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

Ask CommonBench about this case

Get a detailed analysis of Reyes v Al-Malki and how it applies to your situation.

Explain Reyes v Al-Malki