Between a rock and a hard place — being neither an employee nor a worker
It will sometimes be the case, as the Employment Appeal Tribunal has recently found in Halawi v WDFG UK Ltd t/a World Duty Free, that an individual will be neither an employee nor a worker and thereby without any protection against unfair dismissal or discrimination.
UK employment legislation (perhaps unhelpfully) sets down several different definitions of employee and worker, depending on which rights are in question. In this case, Ms Halawi attempted to argue employment/worker status under four different provisions.
Unfortunately for her, the Employment Tribunal found at first instance that she did not fall within any of those categories. Ms Halawi appealed against only one of the tribunal’s findings, namely that she was not an employee within the meaning of section 83 of the Equality Act 2010…
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This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.