A uniformed beauty consultant worked selling branded cosmetics at a duty free beauty outlet at Heathrow airport. To any passing member of the public, she looked just like an ordinary employee. However, she was engaged through a limited company she had chosen to set up herself. The EAT ruled that she could not claim discrimination under the employment provisions of the Equality Act 2010 because she had no contract to work personally (see Chapter 2).

The EAT left open the possibility of a different outcome had there been evidence that she was pressured to work through a PSC, or that the arrangement was false, or if there had been evidence of significant economic inequality.

Halawi v WDFG UK Limited trading as World Duty Free UK [2013] UKEAT 0166/13/0410

www.bailii.org/uk/cases/UKEAT/2013/0166_13_0410.html