Illegality of contract
Updated to include information on Okedina v Chikale, in which the Court of Appeal considered if contractual claims could be blocked due to illegal working.
In Okedina v Chikale, the Court of Appeal held that a worker's former employer could not block her contractual claims by arguing that she was working without the required immigration status.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
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.
HR and legal information and guidance relating to illegality of contract.
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© 2021 LexisNexis Risk Solutions Group.