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Illegality (sufficiently closely connected (Quinn, Coral leisure v Barnett…
Illegality
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Quinn v IRBC
courts must identify particular offence, ask if public policy requires contract to be enforceable
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Cost/benefit test
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would rendering the the employment be counterproductive (don't want to encourage what the legislation tried to stop)
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Active Participation
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Hall v Woolston Leisure against employees wishes, failed to declare wage increase for tax purposes. UKCA - active participation required - none here
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4 conditions
commission of criminal offence, criminal offence sufficiently connected to illegality, knowledge on part of employee, active participation