Discrimination at Work: Protection NOT afforded to everyone.

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).

About Us


Business focused

Our values place commercial decisions at the fore. Our clients appreciate us giving straight answers and solutions for their business.

Show more Show less