4 Contracts of employment.U.K.
(1)A State is not immune as respects proceedings relating to a contract of employment between the State and an individual where the contract was made in the United Kingdom or the work is to be wholly or partly performed there.
(2)Subject to subsections (3) and (4) below, this section does not apply if—
(a)at the time when the proceedings are brought the individual is a national of the State concerned; or
(b)at the time when the contract was made the individual was neither a national of the United Kingdom nor habitually resident there; or
(c)the parties to the contract have otherwise agreed in writing.
(3)Where the work is for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2)(a) and (b) above do not exclude the application of this section unless the individual was, at the time when the contract was made, habitually resident in that State.
(4)Subsection (2)(c) above does not exclude the application of this section where the law of the United Kingdom requires the proceedings to be brought before a court of the United Kingdom.
(5)In subsection (2)(b) above “national of the United Kingdom”[F1means—
(a)a British citizen, a British Dependent Territories citizen [F2a British National (Overseas)] or a British Overseas citizen; or
(b)a person who under the British Nationality Act 1981 is a British subject; or
(c)a British protected person (within the meaning of that Act)]
(6)In this section “proceedings relating to a contract of employment” includes proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee.
Textual Amendments
F1Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
F2Words inserted by S.I. 1986/948, art. 8, Sch.