Jivraj v Hashwani [2009] EWHC 1364 (Comm); [2010] EWCA Civ 712; [2011] UKSC 40 – Law Journals

Employment status: Trouble in the pipeline for employers post Pimlico Plumbers

Sean Nesbitt and Rachel Farr consider the lessons for businesses from the Supreme Court’s ruling in Pimlico Plumbers ‘Nothing short of an unrestricted right to substitution will defeat worker status.’ In the latest, and most authoritative, case on employment status, the Supreme Court has held that a supposedly self-employed plumber was in fact a worker. …

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Employment Status: Short-term contracts and Equality Act protection

The Court of Appeal has considered whether two court interpreters could bring discrimination claims despite ostensibly being self-employed. Helen Cookson and Anna Scott report ‘A self-employed individual will be protected under the EqA only if their contract puts them under an obligation to do the work personally.’ In a recent decision, the Court of Appeal …

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Employment Status: Considerations when using personal service companies

Matthew Towers discusses a recent case on what counts as ’employment’ for the purposes of bringing a discrimination claim ‘Individuals providing work through personal service companies may not be protected against discrimination under the EA, especially where contractual arrangements are complicated.’ In some industries, such as IT, it is relatively common for individuals to provide …

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Arbitration: Who pays the piper?

Sayuri Ganesarajah focuses on the judgment in Jivraj v Hashwani An arbitrator is neither an employee nor self-employed, but an ‘independent provider of services’, who is a ‘quasi-judicial adjudicator’. According to the International Arbitration Survey 2012 conducted by the School of International Arbitration at Queen Mary University, London is the most preferred and widely-used seat …

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Arbitration: Being picky

Philippa Charles discusses the recent Supreme Court judgment in Jivraj The London arbitration community has warmly welcomed the judgment of the Supreme Court in the case of Nurdin Jivraj v Sadruddin Hashwani [2011]. The issues in the case and the decision of the Court of Appeal had carried what one advocate described as ‘chilling’ implications …

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