EAT JURISDICTIONAL POINTS – Fraud and illegality
The Claimant was a member of the family of an EEA national and so was at all times entitled to reside and work in the UK, irrespective of the expiry of the entry in her passport. The Employment Judge who found the contract of employment had become illegal, and so the Claimant could not enforce her claim for unlawful deductions, had considered irrelevant factors viz the reasonableness of the employer’s belief that she was not entitled to work, and that it would be exposed to penalties.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0192 – 11 – 1309
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 September 2022; Ref: scu.447628