Hounga v Allen & Anor

Hounga v Allen & Anor

Ms Hounga's dismissal discrimination claim was barred because it was inextricably linked to her own illegal conduct in entering and performing an unlawful employment contract, and to allow the claim would be to condone her illegality. The tribunal and EAT erred in not applying this principle. The non-dismissal discrimination claim was also dismissed as it could not succeed for the same reasons, and the grievance procedure issue was moot.

Parties
Appellant/claimant: Mary Hounga; First Respondent/cross Appellant: Adenike Allen (née Aboyade-Cole); Second Respondent: Kunle Allen
Jurisdiction
England and Wales
Judgment Date
15 May 2012
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal and cross-appeal both allowed; all claims dismissed.
Legal Topics
Illegality of Contract, Race Discrimination, Jurisdiction of Employment Tribunal, Statutory Grievance Procedures
Employment Law Discrimination Law Public Policy Illegality of Contract Race Discrimination Jurisdiction of Employment Tribunal Statutory Grievance Procedures

Case Brief

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Parties

Mary Hounga

Appellant/claimant

Adenike Allen (née Aboyade-Cole)

First Respondent/cross Appellant

Kunle Allen

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the tribunal had jurisdiction to hear the non-dismissal discrimination claim despite failure to raise a grievance
  2. 2 Whether the dismissal discrimination claim was barred on public policy grounds due to illegality of the employment contract

Ratio Decidendi

Ms Hounga's dismissal discrimination claim was barred because it was inextricably linked to her own illegal conduct in entering and performing an unlawful employment contract, and to allow the claim would be to condone her illegality. The tribunal and EAT erred in not applying this principle. The non-dismissal discrimination claim was also dismissed as it could not succeed for the same reasons, and the grievance procedure issue was moot.

Court Disposition

Appeal and cross-appeal both allowed; all claims dismissed.

Orders

  • Set aside tribunal's judgment on dismissal discrimination and consequential award.
  • No remission to tribunal; non-dismissal discrimination claim dismissed.