Hounga v Allen and another [2014] UKSC 47

Posted In: Case Law
  • Case Reference
    UKSC 47
  • Legal Body
    Uk Supreme Court (UKSC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Race Discrimination; Illegality

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 discrimination

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This article is correct at 01/08/2014

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