EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work.
In finding that they were not, the Employment Tribunal took into account an irrelevant factor, namely the absence of mutuality of obligations between assignments (cf. Quashie, paragraph 12; per Elias LJ, concerned with the contract of service question). Appeal by the Claimants allowed.
Case remitted to the same Employment Tribunal for reconsideration in light of the Employment Appeal Tribunal judgment.
Peter Clark J
[2014] UKEAT 0339 – 13 – 1609
Bailii
Equality Act 2010 83(2)(a)
England and Wales
Employment
Updated: 21 December 2021; Ref: scu.536703
