V v Addey & Stanhope School

V v Addey & Stanhope School

The applicant's claims for race discrimination and victimisation are so inextricably bound up with his illegal conduct in obtaining and continuing employment without a work permit that permitting the claims would amount to condoning his illegality. The employment tribunal and appeal tribunal made no error of law in barring the claims on this basis.

Parties
Appellant: Mr V; Respondent: Addey & Stanhope School
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Illegality Defence, Race Discrimination, Victimisation, Unfair Dismissal, Statutory Torts
Employment Law Discrimination Law Immigration Law Illegality Defence Race Discrimination Victimisation Unfair Dismissal Statutory Torts

Case Brief

Summary, issues, holding and outcome

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Parties

Mr V

Appellant

Addey & Stanhope School

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the applicant's claim for race discrimination and victimisation is barred due to his illegal conduct in obtaining and continuing employment without a work permit
  2. 2 Whether the application of the illegality defence is appropriate in discrimination claims under the Race Relations Act 1976
  3. 3 Whether EC Directive 2000/43/EC affects the outcome

Ratio Decidendi

The applicant's claims for race discrimination and victimisation are so inextricably bound up with his illegal conduct in obtaining and continuing employment without a work permit that permitting the claims would amount to condoning his illegality. The employment tribunal and appeal tribunal made no error of law in barring the claims on this basis.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment
  • Leave to appeal to the House of Lords refused