Blue Chip Trading v Helbawi - Illegality of contract did not prevent minimum wage claim [2008] EAT

Mr Helbawi was a foreign student studying in the UK. He got a job as a security officer and claimed at an employment tribunal that he was being paid less than the minimum wage. The employer took a preliminary point that the contract was illegal because it was in breach of conditions attached to his student visa (about hours of work) and that therefore the claim should be dismissed.

An employment tribunal ruled that the claim could go ahead and the employer appealed to the EAT.