Mrs Halawi, is a beauty consultant. She worked at World Duty Free at Heathrow. However, she provided her services through a limited company for the purpose of selling Shiseido cosmetic products in a duty free outlet managed by WDF. In a rather convoluted licence arrangement, a firm called CSA agreed to provide management services to Shiseido, including managing the staffing arrangements. Eventually, the appellant set up a limited company called Nohad Ltd. It thereafter invoiced CSA for the appellant's time and services at an hourly rate set by CSA and CSA in turn invoiced Shiseido.

In 2011 WDF withdrew the appellant's airside pass. This effectively prevented the appellant from continuing with her work at WDF's outlet. She raised religious and racial discrimination claims. The EAT agreed with the original tribunal that Mrs Halawi had no employment contract with the respondent WDF - she did not have to personally perform the work and they did not control how she did the work. They controlled her ability to work by withdrawing the airside pass but that was not enough to create an employment relationship.

The Court expressed concerns that the appellant would have had no protection against discrimination had it occurred, but there was no legal basis for finding that she was an employee and no incompatibility between the relevant domestic legislation and the Framework directive. 

Practical lessons

The lacuna in equality law continues and can be used / exploited, depending on one's views. 

To read the full case review: 
http://bit.ly/1tDpdA6