Connolly v Whitestone Solicitors: EAT 24 Jun 2011

EAT JURISDICTIONAL POINTS – Fraud and illegality
Contract of employment – illegality in performance.
An employee who knows that his assertion to be self employed is unsustainable and yet claims to the Revenue to be self employed misrepresents his own understanding of the position and acts in bad faith; it is contrary to public policy to lend support to him in an unfair dismissal claim. Enfield Technical Services v Payne [2007] IRLR 840 (EAT), [2008] IRLR 500 (CA) considered and applied.
In this case, however, the Employment Judge having correctly raised the issue of illegality, did not apply the law correctly and did not deal adequately in her reasons with the Claimant’s case. Moreover she should have ensured that the question whether he knew his assertion to be self employed was unsustainable was put to him for him to deal with.
Richardson J
[2011] UKEAT 0445 – 10 – 2406
England and Wales
CitedEnfield Technical Services Ltd v Payne and Another CA 22-Apr-2008
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of . .
CitedEnfield Technical Services Ltd v Payne; Grace v BF Components Ltd EAT 25-Jul-2007
EAT Unfair dismissal – Exclusions including worker/jurisdiction
These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims . .

These lists may be incomplete.
Updated: 15 March 2021; Ref: scu.443290