The Court of Appeal ruled on 28 October that Nohad Halawi effectively has no employment protection rights in relation to losing her job at Heathrow, after spurious ‘anti-Islam’ complaints were made against her.
In the judgment, Lady Justice Arden said: ‘I too have an uneasy feeling that the complex arrangements have the effect that the Appellant has no remedy for discrimination’.
The case raises vital issues about whether employers can effectively sidestep important employment protections (including non-discrimination and religious freedom regulations) through the use of complex contract arrangements. It also highlights a potential clash between UK and EU understandings of ‘employment’. The case could have implications for thousands of workers in the UK who use employee-controlled companies.
