Discrimination at Work: Protection NOT afforded to everyone.

discrimination_work

The question of whether or not an individual is protected from discrimination at work will fall on their status and this month we have had a barrage of interesting cases on the subject of status in discrimination claims; the answer is not always clear cut.

Q: Are actors working under a profit-share agreement workers?
A: It depends on whether they are embarking on a professional business undertaking or working for the principal as an integral part of that business (MacAlinden v Lazarov EAT 0453/13).

Q: Is a student undertaking a work placement as part of a university course protected?
A: No; he is not being provided with vocational training and any claim must be brought in the county court rather than the employment tribunal (Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust EAT 0130/14).

Q: Can a woman working as a beauty consultant in a duty-free shop through her own company bring a claim against the company managing the premises for removing her airside pass?
A: No; the management company is not her employer and so she lacks any protection (Halawi v WDFG UK Ltd [2014] EWCA Civ 1387).

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