Halawi v WDFG UK Ltd (t/a World Duty Free) & Anor (Contract of Employment : Whether established) [2013] UKEAT 0166_13_0410 (4 October 2013)

Halawi v WDFG UK Ltd (t/a World Duty Free) & Anor (Contract of Employment : Whether established) [2013] UKEAT 0166_13_0410 (4 October 2013)

The claimant was not an employee or worker under UK law or EU law because there was no contract between her and either respondent, and even if there were, the genuine right of substitution meant there was no obligation of personal service; thus, she could not claim protection under the Equality Act 2010 or related anti-discrimination provisions.

Citation
[2013] UKEAT 0166_13_0410
Parties
Appellant: Claimant (Ms Halawi); First Respondent: World Duty Free (WDF); Second Respondent: CSA (Cosmetics Staffing Agency)
Jurisdiction
United Kingdom
Judgment Date
04 October 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Contract of Employment, Worker Status, Discrimination, Personal Service, Subordination, Interpretation of EU Directives
Employment Law Equality Law European Union Law Contract of Employment Worker Status Discrimination Personal Service Subordination +1 more

Case Brief

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Parties

Claimant (Ms Halawi)

Appellant

World Duty Free (WDF)

First Respondent

CSA (Cosmetics Staffing Agency)

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether the claimant was an employee or worker under UK law and/or EU law
  2. 2 Whether there was a contract personally to do work between the claimant and either respondent
  3. 3 Whether the claimant was in a relationship of subordination or dependency sufficient to fall within the scope of anti-discrimination protections

Ratio Decidendi

The claimant was not an employee or worker under UK law or EU law because there was no contract between her and either respondent, and even if there were, the genuine right of substitution meant there was no obligation of personal service; thus, she could not claim protection under the Equality Act 2010 or related anti-discrimination provisions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed against both respondents.
  • Application for costs by CSA refused.