238. Contracts of employment.

238.     Contracts of employment.

A state1 is not immune from proceedings relating to a contract of employment2 between the state and an individual where the contract was made in the United Kingdom3 or the work is to be wholly or partly performed there4.

Subject to exceptions5, this does not apply if:

  1.  

    (1)     when the proceedings are brought, the individual is a national of the state concerned6; or

  2.  

    (2)     when the contract was made the individual was neither a national of the United Kingdom7 nor habitually resident there8; or

  3.  

    (3)     the parties to the contract have otherwise agreed in