Secretary of State v Windle: The Expanding Frontiers of Mutuality of Obligation?
Hitesh Dhorajiwala authored "Secretary of State v Windle: The Expanding Frontiers of Mutuality of Obligation?" for the Industrial Law Journal.
"The Court of Appeal’s decision in Secretary of State for Justice v Windle contains a number of problematic elements. This case note aims to demonstrate that, not only has the Court of Appeal come to the questionable conclusion that mutuality of obligation is a relevant consideration when assessing the subordination limb of a section 83(2)(a) Equality Act (EqA) 2010 ‘employee’, given that it is a diagnostic test for a work relationship dynamic that is quite different to what the subordination limb is attempting to identify; but also that such an approach runs the risk of distancing the test for section 83(2)(a) ‘employment under a contract personally to do work’ even further from the personal scope provisions in relevant EU directives, despite the current requirement that UK legislation be read compatibly with those directives."
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