View all news

Hounga v Allen & anor - [2014] UKSC 47, unreported judgment delivered by the Supreme Court of 30 July 2014

11 August 2014

Hounga v Allen & anor - [2014] UKSC 47, unreported judgment delivered by the Supreme Court of 30 July 2014

This judgment overturns an earlier decision of the Court of Appeal. In so doing, the Supreme Court found that the tort of racial discrimination could be brought by a domestic worker against abusive employers who had facilitated her illegal entry into the UK as a young girl. This decision was reached by the majority of the Court with reference to the significance of trafficking in the case. There was also a unanimous view that there was an insufficient link between the illegal conduct of the employee and the tort arising from the behaviour of her employers. On the latter, reference was made in the leading judgment of Lord Wilson (at para. 35) to comments made on the foundations of the 'inxtricable link' test by Alan Bogg (Oxford) and Tonia Novitz (Bristol) in a co-authored note, 'Race discrimination and the doctrine of illegality' (2013) 129 Law Quarterly Review 12.

Edit this page