In Government of the State of Kuwait v Mohamed (EA-2024-000300-JOJ; EA-2024-000302-JOJ), the EAT allowed an appeal by the Kuwaiti government and granted an extension of time for an appeal against an employment tribunal’s decision that section 5 of the State Immunity Act 1978 (SIA 1978) excluded state immunity in discrimination and harassment claims involving personal injury.
The Kuwaiti government appealed 370 days out of time against a judgment on state immunity and 67 days out of time against a judgment on liability. Kuwait applied for an extension of time in both appeals which the Registrar, applying the normal procedural rules on time limits (which was before the Supreme Court decision in Royal Embassy of Saudi Arabia v Costantine [2025] IRLR 636), refused.
Applying the Supreme Court’s judgment in Costantine, the EAT held that state immunity was an exceptional feature of the appeals which disapplied the normal test for extensions of time and to which different and special considerations applied. The EAT emphasised the importance of compliance by the employment tribunals and EAT with international law rules on state immunity. If the employment tribunal exercises jurisdiction over a foreign state which is entitled to state immunity, there is a breach of international law. State immunity is capable of overriding procedural rules, and on this basis, the EAT granted Kuwait a 370-day extension to submit the appeal on state immunity.
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