- Overstayer not precluded from pursuing employment contract claims (Okedina v Chikale)
- What are the practical implications of the judgment?
- What was the background?
- What did the Court of Appeal decide?
Employment analysis: Grahame Anderson, barrister at Littleton Chambers, examines the Court of Appeal’s decision in Okedina v Chikale that the civil and criminal penalties which could be imposed on an employer under, respectively, sections 15 and 21 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006) for employing foreign nationals who lacked the requisite immigration status did not entail that their employment contracts were unenforceable and that they were precluded from pursuing contractual claims before an employment tribunal.
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