Okedina v Chikale and Contract Illegality: New Dawn or False Dawn?

Alan L Bogg*

*Corresponding author for this work

Research output: Contribution to journalArticle (Academic Journal)peer-review

Abstract

In what circumstances should workers be entitled to enforce their legal rights in a court of law where the legal claim is somehow tainted by criminal activity? In Okedina v Chikale the Court of Appeal considered the effects of the illegality doctrine on a migrant worker’s contract claims in circumstances where she did not have a ‘right to work’.1 These claims included unfair and wrongful dismissal; unlawful deductions from wages by reference to her contract and the National Minimum Wage Regulations 1999; unpaid holiday pay; other breaches of the Working Time Regulations 1998; and a failure to provide written particulars and itemised payslips. Many of these rights are based in protective legislation.
Original languageEnglish
Pages (from-to)258-283
Number of pages26
JournalIndustrial Law Journal
Volume49
Issue number2
Early online date18 Apr 2020
DOIs
Publication statusPublished - 1 Jun 2020

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