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Employment status: Tribunal failed to consider meaning of "employment" under RRA

This report relates to 1 case(s)

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    Kotecha v Insurety plc & Capital Healthcare and others EAT/0969/01 (0 other reports)

Key points

In Kotecha v Insurety plc & Capital Healthcare and others 29.7.2002 EAT/0969/01, 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.

Mr Kotecha brought claims in an employment tribunal for race discrimination, contrary to ss.1, 2 and 4 of the Race Relations Act 1976 ("the RRA") against Insurety plc ("Insurety") and a number of its employees and agents who were alleged to have participated in the acts complained of.