EAT JURISDICTIONAL POINTS – Fraud and illegality – RACE DISCRIMINATION
Comparison
Direct
An Employment Tribunal rejected a claim by an Indonesian domestic worker who had freely and voluntarily participated in arrangements to enter the UK by pretending to be someone else, so that she could work for the Respondents, for rights based on the contract of employment on the basis it was illegal from the outset. She claimed to have been trafficked.
Held: that the ET correctly refused to consider whether that enabled her to obtain compensation in respect of a breach of rights dependent upon the contract. Also rejected was her complaint that the ET were wrong to compare her with others who had no right to stay or work in the UK, and that it should have concluded that but for her immigration status (dependent on her nationality) she would have succeeded in her claim.
Judges:
Lansgatff P J
Citations:
[2012] UKEAT 0400 – 11 – 1801
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 05 October 2022; Ref: scu.451685