Can A Person Working Illegally Bring A Race Discrimination Claim?

Miss Hounga was employed as a domestic servant by Mrs Allen. She had been dishonest when applying for her visa and she stayed in the UK illegally after it had expired. Whilst employed, she was the victim of serious physical abuse by Mrs Allen and was dismissed in traumatic circumstances. The employment tribunal found that since she had known she had no right to work, she could not bring her complaints relating to her contract of employment (unfair dismissal, breach of contract, unpaid wages) as the contract was illegal but that her complaint of race discrimination could be heard and was successful.

Mrs Allen appealed, and the EAT confirmed the decision of the employment tribunal. It refused to find that if an employee does not have the legal right to work in the UK he or she cannot bring a discrimination claim. In this case, Mrs Allen's behaviour in dismissing Miss Hounga was not linked to the illegal conduct and so it was not affected by the illegality, therefore it could proceed before the employment tribunal.

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