EAT JURISDICTIONAL POINTS: Fraud and illegality
On appeal the Respondent employer had contended that the Employment Tribunal erred in that it failed so to hold in circumstances where the Claimant Chinese national:
(1) after graduation worked full time for it while she was on a student visa; and
(2) worked for a lower salary than that on her work perm it.
Since the Employment Tribunal made unchallenged findings of fact that:
(1) the Claimant was entitled to remain in the UK for a year after graduation not subject to restrictions; and
(2) the Claimant did not collude with the employer in making a false declaration of proposed salary in order to obtain a work permit, the Employment Tribunal did not err in holding that the Claimant’s contract of employment was not tainted by illegality. Hall v Wollston Hall Leisure Ltd [2004] 4 AER 787 applied. Blue Chip Trading Ltd v Helbawi UKEAT/0397/08/LA and Vakante v Governing Body of Addey and Stanhope School [2005] ICR 231 considered.
Citations:
[2010] UKEAT 0370 – 09 – 2501
Links:
Employment
Updated: 13 August 2022; Ref: scu.393382
