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."
To access the article, please click here.
Back to articles
