Hounga v Allen and another [2014] UKSC 47
Decision Number: Legal Body: UK Supreme Court
Published on: 01/08/2014
Issues Covered:
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Background

The claimant is a Nigerian national and was an au pair in a private household. She alleged discriminatory dismissal and race discrimination short of dismissal during her 18 months' employment. However, she was not allowed to work in the UK and she was aware of that fact. Her contract was tainted with illegality to such an extent that the Court of Appeal found it to be fatal to her right to pursue her employment claims - it was knowingly illegal in its inception. In the lead judgement from May 2012, Rimer LJ commented, "...for a tribunal to accede to her discrimination claim would be to condone her own illegality, since that illegality formed a material part of her dismissal

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 01/08/2014