Two views of subordination: the personal scope of employment discrimination law in Jivraj v Hashwani
2012
41
1
March
30-55
case law ; discrimination ; EU Court of Justice ; labour contract ; labour law ; service sector
Law
http://dx.doi.org/10.1093/indlaw/dws006
English
"In Jivraj v Hashwani, the Supreme Court considered what requirements are necessary for a relationship to be considered as an ‘employment' relationship for the purposes of determining the scope of domestic employment discrimination law. The Court held that an element of ‘subordination' was necessary for the relationship to be considered employment under a contract personally to do work. This article discusses what the Court in Jivraj meant by this requirement, contrasting two differing views of subordination. It examines some implications of the decision for the relationship between employment law and anti-discrimination law, and for recent debates on the scope of employment law more generally. "
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.