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Illegality and the impact on worker based claims. Hounga extended? Unfinished business from Hounga

David Reade QC and Freshfields have succeeded in claims before the Employment Tribunal for unfair dismissal, holiday pay and national minimum wage on behalf of a domestic worker, allegedly trafficked into the UK. The issue of the impact of illegality on contract based claims remained unresolved after the Supreme Court decision in Hounga v Allen [2014] UKSC 47, in which David appeared for the Claimant. In this claim it was successfully argued that the broad policy approach to illegality of the majority in Hounga enabled these claims to succeed despite the Claimant’s status as an illegal worker, following the expiry of her visa. David and Freshfields acted pro bono.

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