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21 October 2010 / Charles Pigott
Issue: 7438 / Categories: Features , Employment
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Charles Pigott explains why wide reaching equality laws cover arbitrators to plumbers

On the face of it Jivraj v Hashwani [2010] IRLR 797, [2010] EWCA Civ 712 is about an obscure corner of the law and is based on facts that few of us are likely to encounter in practice. The question the Court of Appeal had to address was whether an arbitration clause in a private agreement between two individuals infringed the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) (the regulations). The clause stipulated that disputes arising out of the agreement should be decided by a panel of three arbitrators, all of whom had to be “respected members of the Ismaili community”.

Given that Ismailism is the second-largest branch of Shia Islam, it was accepted that this clause engaged the regulations. The main question the Court of Appeal had to decide was whether an arbitrator was an employee for these purposes. If that were so then, subject to any genuine occupational defence, the clause would be void (see reg 35 & sch 4).

What’s personal?

The definition of employee in the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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