In Kotecha v Insurety plc & Capital Healthcare and others, the EAT holds that an employment tribunal erred in law in failing to apply the correct legal test to a determination of what amounts to "employment" within the meaning of the Race Relations Act 1976, and had wrongly concluded that an applicant could not bring a claim for race discrimination because he was not an "employee" or a "worker" within the meaning of the Employment Rights Act 1996.
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