Day 2 of Robinson v Al-Qasimi has just started with a bang, with Singh LJ suggesting the illegality defence should perhaps only bite when there is illegality in the performance of the contract rather than anything wider than that. https://www.youtube.com/watch?v=foE1OnHUVcc">https://www.youtube.com/watch... #ukemplaw

Perhaps a chink of light for the employer on illegality (after a Day 1 where the court appeared to lean heavily against). Singh LJ raises the question whether the illegality defence necessarily loses power following a gap of time between the illegality & the basis of claim.

Moving on to the interim relief appeal, somewhat frighteningly, the CA baulk at the suggestion that the word & #39;likely& #39; in the interim relief provisions of the ERA means & #39;pretty good chance& #39;, with Singh LJ surprised it is even as high as & #39;more likely than not& #39;. #ukemplaw

Baker LJ suggests his own test to replace the statutory test - a lower threshold than & #39;pretty good chance& #39; but with recoverability. It appears he& #39;d quite like to rewrite the statutory provisions given the chance (which he won& #39;t be in this case).

I think it fair to say the Claimant is facing a heck of an uphill struggle on the interim relief part of the appeal. The panel are heavily against it. Scuppered by the delays at Croydon ET that all #ukemplaw-yers know only too well.