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Illegality of contract

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  • Case of the week: Contracts performed illegally

    Date:
    13 April 2011
    Type:
    Law reports

    This week's case of the week, provided by DLA Piper, covers contracts performed illegally.

  • Sex discrimination claim survives illegality of contract

    Date:
    1 February 2010
    Type:
    Law reports

    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.

  • Contracts of employment: Contract not rendered illegal where no misrepresentation of the facts

    Date:
    27 June 2008
    Type:
    Law reports

    In Enfield Technical Services Ltd v Payne; BF Components Ltd v Grace [2008] 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.

  • Enfield Technical Services Ltd v Payne; BF Components Ltd v Grace

    Date:
    29 April 2008
    Type:
    Law reports

    The Court of Appeal has confirmed that, in order for a contract to be tainted by illegality, there must be some form of misrepresentation by the parties.

  • Case of the week: Dismissal over mistaken belief about immigration status

    Date:
    11 December 2007
    Type:
    Law reports

    This week's case of the week, provided by Addleshaw Goddard, covers dismissal over mistaken belief about immigration status.

  • Klusova v London Borough of Hounslow

    Date:
    13 November 2007
    Type:
    Law reports

    In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 CA, the Court of Appeal has held that a mistaken belief that an employee was being illegally employed could be a potentially fair reason for dismissal.

  • Contracts of employment: Contract rendered illegal only where facts misrepresented

    Date:
    16 October 2007
    Type:
    Law reports

    In Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd EAT/0644/06, the EAT holds that the contracts of employment were not tainted by illegality because, although the parties had wrongly characterised them as contracts of self-employment, in neither case had the parties misrepresented to the authorities the facts of their relationship.

  • Illegality of contract: Extent of participation in illegal contracts not considered

    Date:
    7 April 2006
    Type:
    Law reports

    In Bakersfield Entertainment Ltd v Church and Stuart, the Employment Appeal Tribunal holds that the employment tribunal had erred in holding that the claimants' contracts were not illegal when they had agreed to a scheme whereby half their salary was paid to fictitiousservice providers and not declared for tax and national insurance purposes.

  • Unfair dismissal: Employee did not knowingly participate in illegality

    Date:
    12 November 2004
    Type:
    Law reports

    In Wheeler v Quality Deep Ltd (t/a Thai Royale Restaurant) the Court of Appeal holds that an employment tribunal failed to apply the correct test for illegality of a contract set out in Hall v Woolston Hall Leisure Ltd.

  • Soteriou v Ultrachem Ltd and others

    Date:
    1 November 2004
    Type:
    Law reports

    In Soteriou v Ultrachem Ltd and others [2004] IRLR 870 HC, the High Court held that the EAT had not erred in striking out the applicant's claim for wrongful dismissal on the basis that an employment tribunal had already determined on a claim for unfair dismissal that the applicant's contract of employment was unenforceable due to illegality and that, since the claim for wrongful dismissal involved the same contract, the EAT was bound by that finding.

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HR and legal information and guidance relating to illegality of contract.