Illegality: Joseph England in appeal examining how illegality applies within employment contracts

4th December 2017

Appearing on 30 November 2017 at the EAT before HHJ Eady QC and against David Reade QC and Grahame Anderson, Joseph EnglandJoseph EnglandCall: 2011 dealt with an interesting and significant case examining how the doctrine of illegality applies within an employment context

The case involved a migrant domestic worker who had to come to the UK but remained employed beyond the term permitted by her visa, according to the findings of the Employment Tribunal. The Claimant succeeded at first instance in various contractual claims and for unfair and wrongful dismissal (prior to Mr England’s involvement). Mr England was instructed to represent the employers for the purposes of an appeal in which it was argued that the illegality of the contract should have meant that the claims should have failed or else the illegality would be erroneously upheld.

The appeal looked at recent case law from the Supreme Court in Patel v Mirza [2016] UKSC 42 and Hounga v Allen [2014] IRLR 811 that advocated for a ‘balance of policies’ when considering illegality, but on claims that were very different to those before the Tribunal, as Mr England argued. The appeal further considered the interaction with previous case law and the categorisation of different types of illegality provided by Hall v Woolston Hall Leisure [2001] ICR 99 and will be a significant judgment as the first reported case examining how the more recent cases interact with Hall.

Judgment has been reserved but is expected to be reported when handed down.