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Undocumented workers and the Equality Act 2010
[ch 2: pages 31-32]In general it is extremely difficult for undocumented workers to access the employment tribunal, for many legal and practical reasons. However, a recent important ruling by the Supreme Court has confirmed that where these workers suffer serious harassment under the EA 10, their illegal status should not normally stand in the way of a claim:
A claimant, Ms Hounga, was aged around 14 when she was brought to the UK illegally to work for her employer. She suffered appalling abuse before eventually being dismissed and thrown out onto the street. The Supreme Court said that the public policy in favour of protecting victims of human trafficking outweighs the public policy in favour of preventing those who work illegally from accessing the employment tribunal system.
The court ruled that Hounga was allowed to bring her claims despite having no right to work in the UK.
Hounga v Allen [2014] UKSC 47