Diplomatic immunity has limits in domestic worker abuse cases — UK, Swiss courts

Reporting for this project was supported by a grant from the Pulitzer Center 

LONDON/GENEVA – For a long time, diplomatic immunity shielded foreign envoys from prosecution in cases of migrant domestic worker abuse and exploitation. Three landmark court rulings in the United Kingdom (UK) and Switzerland are setting limits on diplomatic immunity in labor disputes that involve migrant domestic workers.

• 2026: A UK court ordered the United Arab Emirates (UAE) to pay a domestic worker GBP 260,000 (approximately P21 million) in damages for exploitation at the hands of one of its envoys while he was based in the UK
• 2025: A Swiss Federal Court ruled that diplomatic immunity could not be used as a defense in cases of domestic worker maltreatment. The ruling paves the way for cases filed by domestic workers to be evaluated as regular employer-employee disputes, stripping away the legal protection founded on diplomatic immunity
• 2022: A UK court decided that diplomatic immunity could not be applied in cases where there is evidence of human trafficking or modern day slavery

All three cases were filed by Filipino female domestic workers formerly employed by diplomats. 

Ellene Sana, executive director of the Center for Migrant Advocacy, a non-government organization supporting migrant labor rights, welcomed the court rulings. 

“The court decisions affirm the equality of treatment and equal application of labor laws to all workers, including domestic workers — local or migrant. It is our hope that other countries will follow suit and clearly define the extent of exercise of diplomatic immunity.” 

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Rebalancing scales of power

Diplomatic immunity, a legal protection enshrined in the Vienna Convention on Diplomatic Relations, protects foreign envoys and employees of international organizations from civil and criminal suits. It is founded on the need to safeguard foreign envoys from political harassment or intimidation while performing their official duties as country representatives. 

Some diplomats, however, have cited diplomatic immunity as a loophole to evade prosecution when accused of subjecting migrant domestic workers to oppressive conditions. 

In many countries, diplomats and employees of international organizations enjoy the privilege of sponsoring the employment and residence visa of a domestic worker which include housekeepers, nannies, and drivers. The employer-employee arrangement creates a power imbalance where migrant domestic workers are completely dependent on the diplomat-employer not only for employment, but also their immigration status. 

A Rappler global investigation in 2023 compiled court decisions, news reports, and other open source documents on the misuse of diplomatic immunity. Interviews with domestic workers formerly employed by diplomats in Switzerland, the Netherlands and those who had returned to the Philippines were also conducted. 

The investigation compiled a database of 208 migrant domestic workers in 18 countries who filed hundreds of complaints against 160 diplomats between 1988 and 2021. The most common accusation was wage theft, or salaries that were underpaid or not paid at all. Other allegations included physical, verbal, and sexual abuse.

Rappler also exposed the appalling extent that some diplomats would go to, to cheat their domestic workers. Some diplomats would confiscate the ATM [automated teller machine] cards for accounts s for accounts where their worker’s salary — paid by the embassy or international organization — would be deposited. 

The diplomats would withdraw the salary and keep a portion for themselves. One domestic worker shared her bank statement with Rappler, showing that the funds in her ATM account were used to pay for pizza. (READ: ‘Cheaplomats’: The extent envoys go to avoid paying their domestic workers)

Shifting legal ground

A Filipino domestic worker who asked that she be called Malaya* is at the center of the 2026 UK court ruling that held the UAE liable for exploitation conducted by their assigned diplomat. Malaya had worked for the diplomat in the UAE in 2012 and in the UK in 2013 when he moved for a diplomatic posting. 

Court documents indicate that Malaya was locked in her employer’s house and not allowed to go out, unless accompanied by a family member. Her passport was confiscated and on average, she worked for more than 17 hours a day, indicating conditions of modern day slavery. Malaya was able to escape when the door to the residence was inadvertently left unlocked.  

Earlier in 2026, a UK court ordered the government of the UAE to compensate Malaya for damages that included false imprisonment, injury to feelings, and unpaid wages. The defendant, Malaya’s former employer, did not appear in court during the proceedings. The UAE Embassy in London did not respond to emails requesting for comment.

It was a victory that took 12 long years. Malaya told Rappler that in the beginning, her attempts to seek redress were dismissed by authorities because of her employer’s diplomatic immunity. While enforcement of the court judgment remains a challenge, the decision signals a legal shift wherein courts are acknowledging that diplomatic immunity must have its limits.

“I really want to shout to the whole world that we did it. That’s me. I never gave up,” Malaya said, still tearing up at the memory of all that she went through. 

“We need to continue fighting, because I’m not fighting just for myself, but I’m fighting for everyone. I don’t want anyone to experience the same horrible experience,” she added. ~ Rappler.com

*Name changed to protect privacy