Amendments of the State Immunity Act 19784
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 19967, 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 19968, 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.