Sex discrimination – pregnancy and discrimination; Contract Workers; Jurisdiction
Contract of employment
Maternity Rights and Parental leave – sex discrimination
In this case the Employment Appeal Tribunal heard an appeal against the Employment Tribunal’s decision under s 83(2)(a) of the Equality Act 2010. The EAT allowed the appeal and concluded on the facts found proved the work provided by the Claimant was not under ‘a contract personally to do work’. The EAT considered that the ability of the Claimant to provide a substitute to do the work of receptionist in the business in question deprived the contract of its personal character. The EAT discussed the degree of latitude the Claimant enjoyed in the provision of a substitute and concluded that the main interest of the Respondents was the provision of a suitably qualified worker and that the identity of the worker was not a significant factor.
Citations:
[2019] UKEAT 0035 – 18 – 2307
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 31 August 2022; Ref: scu.642754
