Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations

Abstract

Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.