In Basfar v Wong Ms Josephine Wong (a national of the Philippines) was a migrant domestic worker who worked in the household of Mr Khalid Basfar, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.
Ms Wong alleges that she was confined, at all times, to Mr Basfar’s house except to take out the rubbish; that she was held virtually incommunicado; that she was made to work from 7am to around 11.30pm each day, with no days off or rest breaks; and that she was subjected to other degrading and offensive treatment. After arriving in the UK, she was allegedly paid nothing for seven months, then paid a fraction of her contractual entitlement in July 2017, and not paid again until she escaped in May 2018.
Ms Wong has brought a claim against Mr Basfar in an employment tribunal for wages and breaches of employment rights. Mr Basfar applied to have her claim struck out on the ground that he has diplomatic immunity from suit. There is, however, an exception for civil claims relating to “any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.”
The employment tribunal declined to strike out Ms Wong’s claim. The Employment Appeal Tribunal allowed Mr Basfar’s appeal but issued a certificate that the case was suitable for an appeal directly to the Supreme Court, “leapfrogging” the Court of Appeal. The Supreme Court then granted permission for this appeal.
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