Two Views of Subordination: The Personal Scope of Employment Discrimination Law in Jivraj v Hashwani

摘要

In Jivraj v Hashwani, the Supreme Court considered what requirements are necessary for a relationship to be considered as an ‘employment’ relationship for the purposes of determining the scope of domestic employment discrimination law. The Court held that an element of ‘subordination’ was necessary for the relationship to be considered employment under a contract personally to do work. This article discusses what the Court in Jivraj meant by this requirement, contrasting two differing views of subordination. It examines some implications of the decision for the relationship between employment law and anti-discrimination law, and for recent debates on the scope of employment law more generally.