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Legal Updates

Self employed beauty consultant not protected under Equality Act 2010

31 October 2014 #Employment

The Court of Appeal has upheld the finding that a beauty consultant was not in "employment" under section 83 of the Equality Act 2010 as she did not have a contract of employment or a "contract personally to do work". She provided her services through a limited company to a business which supplied staff to a third party (a cosmetics company) to work in an airport duty-free outlet.

The Equality Act 2010 defines "employment" as employment under a contract of employment, a contract of apprenticeship or a contract personally to do work. This includes "employees" and "workers" within the meaning of the ERA 1996. It can also encompass a wider category of individuals who are self-employed, provided that they are obliged to perform the work personally and cannot employ their own staff to do the work or provide a substitute.

As no incompatibility with EU law was found, the court did not need to make a reference to the ECJ. (Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387.)

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