“When trying to answer the question, is this claimant an employee under section 230 of the Employment Rights Act 1996 (‘ERA’)?, we at least know what tests should be applied, even if applying them can be difficult in practice. What has been harder is deciding whether someone who is not an employee under the ERA is in ’employment under… a contract personally to do work’ under the Equality Act 2010 (EqA) or its predecessors. Chris Camp considers employment status in discrimination law, in light, in particular, of the recent Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40.”
Hardwicke Chambers, 5th July 2012
Source: www.hardwicke.co.uk
