Davis v. Scott [2000] UKEAT 239_00_1407 (14 July 2000)

Davis v. Scott [2000] UKEAT 239_00_1407 (14 July 2000)

Established authority demonstrates that illegality of the contract of employment precludes claims for redundancy payment, as such claims are directly founded upon and seek to enforce the contract. The argument that redundancy rights are purely statutory and not affected by illegality of contract is rejected.

Citation
[2000] UKEAT 239_00_1407
Parties
Appellant: Mr Davis; Respondent: Mr Scott
Jurisdiction
United Kingdom
Judgment Date
14 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Redundancy Payments, Illegality of Contract, Unfair Dismissal, Sex Discrimination
Employment Law Redundancy Payments Illegality of Contract Unfair Dismissal Sex Discrimination

Case Brief

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Parties

Mr Davis

Appellant

Mr Scott

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether a contract of employment tainted by illegality precludes a valid claim for redundancy payment
  2. 2 Whether redundancy payment claims are based on contract or statute
  3. 3 Whether procedural irregularities at the Employment Tribunal amount to an error of law

Ratio Decidendi

Established authority demonstrates that illegality of the contract of employment precludes claims for redundancy payment, as such claims are directly founded upon and seek to enforce the contract. The argument that redundancy rights are purely statutory and not affected by illegality of contract is rejected.

Court Disposition

Appeal dismissed