Hounga v Allen & Anor [2012] EWCA Civ 609

Posted In: Case Law
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Race Discrimination

Can someone who is knowingly working illegally in the UK still put forward a claim of racial discrimination arising from her treatment by her unlawful 'employers'? – Not according to this decision! Ms Hounga, a Nigerian national, was employed by the Allen family as an au pair. She did not hold a work permit and both she and her employers knew that her employment was unlawful. When she was sacked she brought claims for race discrimination as well as unfair dismissal, breach of contract, unpaid wages and holiday pay. All the claims except for race discrimination were rejected by the ET on the basis that she had no lawful contract of employment. That problem

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This article is correct at 18/05/2012

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