Commentary

(a) Introduction to Illegality

Division AI Categories of Worker
| Commentary

(a) Introduction to Illegality

| Commentary

(10)     Illegality

(a)     Introduction to Illegality

The contract of employment may be tainted with illegality in the same way as any other contract. Traditionally, one of the most important areas of illegality in this context has been covenants in restraint of trade. That aspect is considered in Part 5 at para AII [195] ff. But a point which could be made here is that illegality as a general doctrine may not only taint the contract, it may also undermine the whole of the employment protection rights afforded to the employee by statute. This is because in order to gain

To continue reading
Analyse the law and clarify obscure passages all within a practical context.