Illegal worker’s claims not barred by statutory illegality


This morning the Court of Appeal handed down their judgment in the important case of Okedina v Chikale A2/2018/0337.

The case concerned contractual claims (including unfair dismissal) brought by Malawian national whose leave to remain (and right to work) in the UK had expired. The issue in the case was whether sections 15 and 21 of the Immigration Asylum and Nationality Act 2006 meant that an employee, who unknowingly worked when they had no right to work in the UK, was barred from bringing contractual claims by virtue of the doctrine of statutory illegality. The Court of Appeal held that they did not.  Laura Prince and Emma Foubister were involved in this case.