
Ian Smith highlights the importance of keeping your eye on the employment law ball & keeping an eye out for unicorns
- Statutory illegality and immigration status.
- Holiday pay for a part-year worker and the limits on a works council’s input.
Two Court of Appeal decisions are considered here, on the important mainstream issues of the effect of the doctrine of illegality in a case concerning immigration status, and how the detailed rules on the entitlement to statutory holidays with pay apply to a part-year worker. By complete contrast, the two Employment Appeal Tribunal (EAT) decisions then considered concern areas thought generally to have gone to sleep legally after initially causing considerable speculation as to their potential importance, namely transnational works councils and employee shareholder agreements. You really cannot take your eye off the ball in this subject!
Immigration status
The result in Okedina v Chikale [2019] EWCA Civ 1393, [2019] All ER (D) 18 (Aug) is of obvious importance wherever the facts show that a vulnerable individual was brought into this country to work in poor conditions and with dubious