In Zarkasi v Anindita and another the EAT ruled that an Indonesian domestic worker, who entered the UK on documentation obtained by using a false identity was not able to enforce any employment rights arising from the contract since that contract had been illegal, and therefore unenforceable, from the outset. In addition, the argument raised by the claimant that the claims be allowed to proceed to give effect to the European Convention on Action against Trafficking in Human Beings did not apply as there was no evidence that she was a victim of trafficking and even if she was, she could obtain a remedy elsewhere.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
