The claimant worked as a sole practitioner solicitor. The firm failed the first part of its franchise assessment. She sought to allege race discrimination. The EAT rejected the complaint on the basis that she was not an employee.
Held: The contracts between a firm and the Commission made it clear that this was a contract for services, rather than a contract of service. Accordingly the applicant was free to employ others to do the work she would promise to do for the Commission, and she was not therefore employed with any standing to make a complaint as an employee. She might however proceed on a complaint relating to the authorisation procedure adopted.
Clarke, Judge LJJ, Burton J
[2003] EWCA Civ 1558, Gazette 15-Jan-2004, [2004] ICR 312, [2004] IRLR 153
Bailii
England and Wales
Citing:
Appeal from – Patterson v Legal Services Commission EAT 21-Feb-2003
. .
Cited by:
Appealed to – Patterson v Legal Services Commission EAT 21-Feb-2003
. .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Legal Professions, Employment
Updated: 05 January 2022; Ref: scu.187722