Arbitrators protected from employment disputes

Published on 29 Jun 2010 under category: legal

Arbitrators are now protected by discrimination law while they are assisting in employment disputes.

They were not previously covered by the law, meaning that either parties involved in an employment or contractual dispute could object to them arbitrating on the basis of their race or religion, Times Law has reported.

The Court of Appeal made the ruling following a case where Sir Anthony Colman, a Jewish man, was appointed as an arbitrator in a case where both parties involved in the dispute were Ismali Muslim.

Sarosh Zawalla told the paper: "The result of this judgment means that no private individual in the UK can discriminate against any other independent contractor whether solicitor, arbitrator or plumber, on grounds of sex, age, disability or religion, even if the appointment is made entirely private. That is the direct result of this case."

Arbitrators can now technically be described as 'employees' which makes them eligible for protection under existing EU workplace regulations.

The decision could have serious implications for future employment disputes, for example one related to wrongful dismissal or discrimination on the basis of sex.

If you require advice on Employment Disputes please call us on +44 (0)20 7831 0101 and ask for David Buckle.