Source: All England Reporter
Publisher Citation: [2002] All ER (D) 182 (Sep)
Court: Employment Appeal Tribunal

Judge Reid QC, Mr Shrigley and Mr S Springer

Judgment Dates: 23 September 2002


Race relations - Discrimination - Employment - Meaning of employment - Employment tribunal finding complainant not an employee - Whether tribunal in error - s 78.

The Case

In order to determine whether or not there was discrimination or victimisation against a complainant, in relation to his employment, the employment tribunal should look, amongst other things, at the terms of s78 of the in order to establish whether the complainant was an employee. In the instant case, whether the tribunal had failed to examine s78 of the 1976 Act, the matter would be remitted to a different tribunal for re-hearing.

Practice Areas

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