Illegal immigrant can claim race discrimination

Posted By: James

Wednesday 30th July 2014

In Hounga v Allen and anor the Supreme Court has held that a domestic worker could claim race discrimination, despite working illegally in the United Kingdom. The connection between the illegality and the statutory tort of discriminatory treatment was insufficiently close to bar her claim. Furthermore, in the view of the majority of the Court, public policy against human trafficking outweighed any public policy consideration in support of applying the defence of illegality in this case. An illegal worker would still not be able to bring a claim of unfair dismissal though.

[Would you like to leave a comment?]