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Employment

13 November 2014
Issue: 7630 / Categories: Case law , Law digest , In Court
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Halawi v WDFG UK Ltd T/A World Duty Free [2014] EWCA Civ 1387, [2014] All ER (D) 325 (Oct)

The employment tribunal found that, when the appellant was providing her services through a limited company for the purpose of selling Shiseido cosmetic products in a duty free outlet managed by the respondent, she was not an employee of the respondent for the purposes of s 83(2) of the Equality Act 2010. The Court of Appeal, Civil Division, in dismissing the appeal, held that the existence of an employment relationship did not turn on whether the parties had entered into a formal contract, which would be recognised in domestic law as having constituted employment, but on whether it met the criteria which had been laid down by European law. Applying those criteria, the appellant was not an employee of the respondent.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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