Religious discrimination in employment? – only if you’re employed: Halawi v WDFG UK Ltd

We have previously noted the case of Mrs Nohad Halawi, a Christian who had been working as a beauty consultant airside at Heathrow Airport. Yesterday, in Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387, the Court of Appeal  (Arden and Christopher Clarke LJJ and Barling J) handed down judgment in her appeal from the finding of the EAT in Halawi v WDFG UK Ltd (t/a World Duty Free) & Anor [2013] UKEAT 0166 13 0410 that she was not in an enforceable employment relationship with World Duty Free. The issue before the Court, as stated by Arden LJ, was whether a person who provided services through an employee-controlled company to a service company had employment rights. Mrs Halawi sought to establish that, on the particular facts of the case, she was an employee of WDFG UK Ltd, which managed the workplace for the client for whom her services were engaged [1]. The Court held that she was not. Continue reading