In Hounga v Allen and another  IRLR 811 SC, the Supreme Court held that a domestic worker who had knowingly entered the country illegally was entitled to claim discrimination against her employer despite the fact that her employment was unlawful.
The Supreme Court has held that the connection between an employee's immigration offences and the statutory civil wrong of discrimination is insufficiently close to prevent her from making a claim for pre-dismissal racial harassment.
The Employment Appeal Tribunal has held that the fact that a claimant had worked under an illegal contract did not prevent her from claiming sex discrimination.
Definition from the XpertHR glossary.
In Hounga v Allen and another  IRLR 685 CA, the Court of Appeal held that an employee's illegal conduct that "formed a material part of her dismissal discrimination case" barred her from proceeding with the claim.
The Court of Appeal has held that an employee who worked in the UK knowing that she did not have permission to do so was unable to claim discrimination against her unlawful employers, given that her illegal actions formed a material part of her discrimination claims.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
This week's case of the week, provided by DLA Piper, covers contracts performed illegally.
The employment tribunal found that the claimant's contract of employment with her employer was illegal, on the basis that both parties had agreed that any additional hours she worked would be paid in cash so as to avoid tax.
In Enfield Technical Services Ltd v Payne; BF Components Ltd v Grace  EWCA Civ 393, the Court of Appeal held that a genuine error in the categorisation of employment status will not be enough to establish illegality where there has been no express or implied misrepresentation of the facts of the working arrangements.
HR and legal information and guidance relating to illegality of contract.