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Employment Law

Legal guidance - compliance - software

02 NOV 2012

Hounga v Allen [2012] EWCA Civ 609; (2012) EMPLR 155

Discrimination - employment rights - illegal contract of employment

15 May 2012

Court of Appeal

Longmore, Rimer LJJ and Sir Scott Baker

If a contract of employment is illegal - for example because it is operated so as to illegally evade tax or the employee's immigration status does not entitle them to work in the UK, then it cannot be enforced; nor can any rights arising from the employment, such as the right not to be discriminated against. But this does not apply if the illegality is unconnected with the matter complained of (as is often the case with tax evasion).

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EU & International Employment Law

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