Illegal contracts and discrimination
| Author | Chris Monaghan |
| Published date | 01 June 2012 |
| Date | 01 June 2012 |
| DOI | http://doi.org/10.1177/1358229112459404 |
| Subject Matter | Articles |
Article
Illegal contracts and
discrimination: Why
an illegal immigrant
cannot bring a claim
for race discrimination
Chris Monaghan
Abstract
The Court of Appeal in Hounga v Allen & Anor [2012] EWCA Civ 609 had to decide
whether someone working illegally in the United Kingdom, was entitled to bring a claim
for dismissal discrimination under the now repealed Race Relations Act 1976. The Court
of Appeal, unlike the Employment Tribunal and the Employment Appeal Tribunal, which
had accepted Ms Hounga’s claim, refused to allow her to bring the claim becaus e she
was working under an illegal contract of employment. The decision was on the
grounds of public policy. The Court of Appeal was anxious to avoid being seen as
condoning her illegality and would not allow her to enforce the illegal contract of
employment. Consequentially, Ms Hounga’s employers were not liable for dis-
criminating against her. Taken to an extreme, the effect of the decision in Hounga v
Allen & Anor would appear to provide a defence to employers who employ illegal
immigrants and then discriminate against them.
Keywords
Discrimination, illegal contracts, employment, race, illegal immigrant, and dismissal
discrimination
BPP University College, London, UK
Corresponding author:
Chris Monaghan, Lecturer in Law, School of Law, BPP University College, 137 Stamford Street,
London SE1 9NN, UK
Email: chrismonaghan@bpp.com
International Journalof
Discrimination and theLaw
12(2) 109–116
ªThe Author(s) 2012
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DOI: 10.1177/1358229112459404
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