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Consultant’s services through limited company – not employee or worker
In Halawi v WDFG UK Limited (trading as T/A World Duty Free) and another, the EAT had upheld a Tribunal decision that a beauty consultant was not in “employment” under section 83 of the Equality Act because she did not have a contract of employment or a contract personally to do work. She provided her services through a limited company to an agency which supplied staff to a third party to work in a duty free outlet. There was a right of substitution, which she exercised. The EAT held that the Tribunal had reached the right conclusion by looking at the reality of the working relationship, and in particular mutuality of obligation, control and the fact that she could, and did, provide a substitute.
This case is a useful reminder of the principles to look at when considering whether someone qualifies as an employee or a worker, or neither.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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