It’s not personal: individual engaged via company not an employee under Equality Act

The claimant worked as a beauty consultant in airside duty free at Heathrow Airport. She formed a limited company, which invoiced a company called CSA for the hours she worked each month. CSA provided staff (including the claimant) to the relevant cosmetics brand. However, the duty-free outlet in which the claimant worked was actually operated by another company called WDF.

It was WDF that was responsible for arranging airside passes. When it withdrew the claimant’s pass, she was no longer able to work airside. The claimant wanted to claim that she had been discriminated against, but in order to do so she needed to show that she was an employee within the meaning of the Equality Act 2010…

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