Time to remedy the legal consequences of Jivraj v Hashwani? The personal scope of application of equal treatment legislation – by Nicola Countouris and Colm O’Cinneide – UK Labour Law

Posted September 26th, 2024 in brexit, contract of employment, contracts, EC law, equality, news and tagged by sally

‘This blogpost revisits the 2011 UK Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40, which adopted a narrow reading of the personal scope of the Equality Act 2010 as it applies to the self-employed. It argues that this decision represented a wrong turn in the law, which should now be reversed by the courts or corrected by the legislature – especially in light of the January 2023 Court of Justice of the European Union (“CJEU”) decision in Case C-356/21, TP v JK, and the stated commitment of the newly elected Labour government to “ensuring those [equality] provisions that were previously derived from EU law remain enshrined in UK law”.’

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UK Labour Law, 25th September 2024

Source: uklabourlawblog.com