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This article was published on January 22nd, 2014
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.
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