EmploymentEmployee dismissed for pregnancy tribunal refusing compensation for sex discrimination because performance of contract of employment involving illegality of which employee aware public policy not barring employee from recovering compensation under the Act Hall v Woolston Hall Leisure Ltd: CA (Peter Gibson and Mance LJJ and Moore-Bick J): 23 May 2000

The employee had been dismissed from her employment as a chef when she became pregnant.

In performance of her contract, her employer had not deducted PAYE and NIC from her salary.

The employee was aware of the employers actions.

The employee brought a complaint to the employment tribunal alleging dismissal on the grounds of unlawful discrimination.

The tribunal determined that, whilst she had been unlawfully discriminated against on the grounds of her sex contrary to s.6(2)(b) of the 1975 Act, her contract of employment was tainted with illegality and, since she had no right to enforce it whilst it was running, she had no legal rights destroyed when it was ended and she had suffered no loss and was not entitled to compensation under the Act.

The Employment Appeal Tribunal rejected her appeal on the grounds that it had no jurisdiction to award compensation in the circumstances.Andrew Hochhauser QC and Charles Ciumei (instructed by Stanley Tee & Co, Bishops Stortford) for the employee.

Monica Carss-Frisk (instructed by the Treasury Solicitor) as amicus curiae.

The employer did not appear and was not represented.Held, allowing the appeal, that an employee employed under a contract of employment, performance of which was tainted with illegality, of which she was aware, who had been discriminated against on the grounds of her sex by dismissal by the employer in contravention of the 1975 Act, was entitled to recover compensation for her dismissal under the Act; and that, accordingly, the case would be remitted for determination of compensation for unlawful discrimination.

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