Illegality in a Contract of Employment: Implications for Employer and Employee

Posted in : Supplementary Articles ROI on 25 January 2010
Mary Kelleher
Hayes Solicitors
Issues covered:

The validity of a contract of employment may be challenged in a number of ways. In particular, contracts may be unenforceable for reasons of public policy or may be illegal at common law or under statute. Illegally agreed contracts of employment, such as “cash in hand” arrangements, are often created in order to evade tax, avoid statutory employment rights or because one or both parties do not have the legal capacity to enter into a contract of employment. The consequences for an employee working under an illegal contract, or an employer who uses them to operate a business, can be significant.

What Makes a Contract of Employment Illegal?

The doctrine of illegality is relevant to employment

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This article is correct at 06/08/2015

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Mary Kelleher
Hayes Solicitors

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