Personal service and subordination are requirements of being in employment (News, 29 October 2014)

Table of contents

• Impact of this case
• Relevant background law
• The facts and the decisions of the employment tribunal and EAT
• The Court of Appeal judgment

Article summary

For the purposes of protection from discrimination under the Equality Act 2010, the existence of the relationship of employment does not turn on whether the parties entered into a formal contract but on whether the criteria laid down by EU law are met. These criteria include requirements that the putative employee should (1) agree personally to perform services, and (2) be subordinate to the employer, that is, generally be bound to act on the employer's instructions. Court of Appeal: Halawi v WDFG UK (t/a World Duty Free).