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Equality North East

Employment status and the Equality Act 2010

In some industry sectors, it is common for workers to contract for work through a limited liability company. A recent case in the Employment Appeal Tribunal (EAT) explores whether such workers are protected against discrimination under the Equality Act 2010 and suggests that in some cases they may not be. Jo Broadbent and Matthew Towers of Hogan Lovells explain.

Halawi v WDFG UK Ltd

Under s.83 of the Equality Act 2010, an individual is protected against discrimination if they can show that they are in “employment” under a contract of employment, a contract of apprenticeship or a contract to personally do work. In Halawi v WDFG UK Ltd, the EAT was asked to decide whether or not an individual who provided her services through a limited liability company was “in employment”. In a decision that could have implications for other workers who contract via a limited liability company, the EAT decided that she could not.

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February 6, 2014

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