The State Immunity Act 1978 (Remedial) Order 2023

Amendments of the State Immunity Act 1978

4.—(1) Section 13 (other procedural privileges) is amended as follows.

(2) After subsection (2) insert—

“(2A) Subject to subsection (3) below—

(a) where, on a complaint under section 111 of the Employment Rights Act 1996(1), an employment tribunal finds that a member of the staff of a diplomatic mission or a member of the consular staff of a consular post was unfairly dismissed, relief shall not be given against the State concerned by way of an order under section 113 of that Act; and

(b) where, on a complaint under Article 145 of the Employment Rights (Northern Ireland) Order 1996(2), an industrial tribunal finds that a member of the staff of a diplomatic mission or a member of the consular staff of a consular post was unfairly dismissed, relief shall not be given against the State concerned by way of an order under Article 147 of that Order.”.

(3) In subsection (3) for “Subsection (2) above does” substitute “Subsections (2) and (2A) above do”.

(4) After subsection (6) insert—

“(7) In subsection (2A) above—

“member of the consular staff of a consular post” is to be construed in accordance with Article 1(h) of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963; and

“member of the staff of a diplomatic mission” is to be construed in accordance with Article 1(c) of the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961.”.

(1)

1996 c. 18.

(2)

S.I. 1996/1919 (N.I. 16).