Appeal by “illiterate and uneducated” employee succeeds on constructive unfair dismissal ground


Re: Mruke v Khan [2018] EWCA Civ 280

The Court of Appeal held that the EAT had erred in its approach to an employee’s claim for constructive unfair dismissal based on her employer’s failure to pay her the national minimum wage. The fact that the employee, an uneducated and illiterate Tanzanian national, had been unaware of her entitlement to the minimum wage did not prevent the failure amounting to a repudiatory breach of contract. However, the employee had not been directly discriminated against on racial grounds, as her socio-economic circumstances, not her nationality or national origins, were the reason for the less favourable treatment.

Karon Monaghan QC was involved in this case.