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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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Illegality, Public Policy, and the Contract of Employment

Illegality, Public Policy, and the Contract of Employment

Chapter:
(p.397) 19 Illegality, Public Policy, and the Contract of Employment
Source:
The Contract of Employment
Author(s):

Alan Bogg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0019

This chapter considers the law concerning the theoretical basis and practical operation of the rules of public policy regulating legal claims based on the contract of employment. The first part of the chapter examines the theoretical justifications and underlying principles of public policy, and it argues that illegality has an important and potentially legitimate role in supporting the institutional functions of the contract of employment associated with revenue law and migration law. The second part of the chapter examines the specific rules regulating the operation of the illegality doctrine in respect of tort and contract claims based upon the contract of employment and in particular it examines the impact of revenue fraud on legal claims associated with the contract of employment. The third part examines the legal effects of illegality on the contract of employment.

Keywords:   illegality, public policy, trafficking, revenue fraud, discrimination

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