Okedina v Chikale

Employment – Employment contract. The employer had employed the Malawian employee in Malawi prior to bringing her to the UK on a six-month visa to work as a domestic worker. Following the expiry of the six months, it would have been in breach of the Immigration Rules for the employee to continue working for the employer. The employee was summarily dismissed. She brought employment claims before the employment tribunal (the tribunal). The tribunal rejected the employer's contention that the employee was not entitled to bring the claims because they relied on an illegal employment contract which was in breach of immigration law. The Employment Appeal Tribunal, in dismissing the employer's appeal, held that the tribunal had not erred in its approach to the question of illegality. It ruled that, if the contract of employment was that which had been entered into in Malawi, there could be no suggestion that it had been illegal at inception and that, even if there had been a new contract, the immigration provisions which the employer had relied on did not explicitly or implicitly prohibit the employee's contract of employment.

Category: