Allen (Nee Aboyade-Cole) v Hounga & Anor [2011] UKEAT 0326_10_3103 (31 March 2011)

Allen (Nee Aboyade-Cole) v Hounga & Anor [2011] UKEAT 0326_10_3103 (31 March 2011)

The contract was illegal due to both parties' participation in obtaining entry and employment by dishonest means, barring employment-related claims. The discrimination claim for dismissal was not inextricably linked to the illegality and could proceed. Non-dismissal discrimination claims failed due to non-compliance with grievance procedures. No compensation for loss of earnings was awarded as the Claimant had no right to work. The injury to feelings award was within the correct band and not perverse.

Citation
[2011] UKEAT 0326_10_3103
Parties
Claimant: Miss Mary Hounga; First Respondent: Mrs Adenike Allen (nee Aboyade-Cole); Second Respondent: Mr Kunle Allen
Jurisdiction
United Kingdom
Judgment Date
31 March 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Illegality in Employment Contracts, Race Discrimination, Grievance Procedures, Compensation for Injury to Feelings
Employment Law Discrimination Law Contract Law Illegality in Employment Contracts Race Discrimination Grievance Procedures Compensation for Injury to Feelings

Case Brief

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Parties

Miss Mary Hounga

Claimant

Mrs Adenike Allen (nee Aboyade-Cole)

First Respondent

Mr Kunle Allen

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employment contract was illegal and barred claims for unfair dismissal, breach of contract, unpaid wages, and holiday pay
  2. 2 Whether the dismissal constituted unlawful racial discrimination
  3. 3 Whether non-dismissal discrimination claims were barred for failure to comply with grievance procedures

Ratio Decidendi

The contract was illegal due to both parties' participation in obtaining entry and employment by dishonest means, barring employment-related claims. The discrimination claim for dismissal was not inextricably linked to the illegality and could proceed. Non-dismissal discrimination claims failed due to non-compliance with grievance procedures. No compensation for loss of earnings was awarded as the Claimant had no right to work. The injury to feelings award was within the correct band and not perverse.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • No award for unfair dismissal, breach of contract, unpaid wages, or holiday pay
  • Award of £6,000 for injury to feelings upheld