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Equality North East

Equality Act ‘employee’ defined for the first time

The EAT has held that a staff member supplied through a service company cannot claim discrimination

The decision from the Employment Appeal Tribunal in the case Halawi v World Duty Free is the first from an appeal court (and, therefore binding on employment tribunals) on the meaning of "employee" under the Equality Act 2010. The EAT held that an individual engaged through a personal services company was not an employee for the purposes of a discrimination claim under the Act.

The definition of "employee" in this statute is wide: it is someone working under an employment contract or a contract to do work personally. This means it could include those self-employed who have a contractual obligation to perform work personally and who cannot provide a substitute.

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January 13, 2014

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