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Equality Act ‘employee’ clearly defined for the first time.

The Employment Appeal Tribunal has held that a staff member supplied through a service company cannot claim discrimination.

The EAT has confirmed that for the purposes of a discrimination claim, an individual engaged through a personal services company was not an official employee.

The decision from the Employment Appeal Tribunal is the first from an appeal court in the case Halawi v World Duty Free and is therefore binding on the meaning of “employee” under the Equality Act 2010. The definition of “employee” in this statute is someone working under an employment contract or a contract to do work personally ie self-employed who have a contractual obligation to perform work personally and who cannot provide a substitute.

To find out more or to discuss your circumstances further please contact Mark Bestley on 01625 507571 or 07825 081 856.

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