Whilst fact sensitive, the EAT has upheld the Tribunal’s decision in Halawi v WDFG UK Ltd (t/a World Duty Free) and another 2013, that a beauty consultant was not in employment under the Equality Act 2010 s83. The Claimant provided her services through a limited company to an agent who then supplied staff to a third party to work in a duty free outlet. The Tribunal had applied the correct test by looking at the reality of the working relationship and considering mutuality of obligations, control and the reality of substitution.
The case is however a useful reminder that when assessing employment status the parties should refer to the established principles in the leading case of Jivraj v Hashwani which sets out a detailed analysis of the key cases both in the UK and EU law in this area.
Leave a Reply