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
‘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”.’
UK Labour Law, 25th September 2024
Source: uklabourlawblog.com
