Windle & Arada v Secretary of State for Justice  UKEAT/0339/RN: Equality Act 2010 & Discrimination
Meaning of ‘employee’ within the Equality Act 2010
In Windle & Arada v Secretary of State for Justice the EAT had to consider whether the claimants, when providing their services to the Secretary of State for Justice as interpreters, were employees within the meaning of s.83 (2)(a) Equality Act 2010 and in particular whether, when providing those services, they were employed under a contract personally to do work. The interpreters had been engaged personally to do work on a significant number of short term contracts. An ET had found against the employees, noting the absence of mutuality of obligation and making this a central part of its decision.