The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered that the prohibition on such claims is contrary to human rights and EU law and should be disapplied to those claims derived from EU law. (Benkharbouche v Embassy of the Republic of Sudan)

In contrast, the Court ruled in another case that diplomatic immunity operates as a complete bar to claims brought by domestic workers employed in a diplomat’s official residence, even where those workers have been victims of trafficking and claim discrimination. (Reyes v Al-Malki).