Discrimination against contract workers

Case 8: The facts

Daimler-Chrysler UK engaged two contractors to work on an IT project. Ms Raju was employed by one of them, but her team leader was employed by the other. Raju made a complaint of sex discrimination against her team leader, and subsequently brought a tribunal claim. She also claimed that she had been dismissed because of the complaint, meaning that her dismissal was an act of victimisation.

The ruling

The Employment Appeal Tribunal (EAT) held that neither claim could succeed because of the contractual set-up in the workplace. Raju could not claim against the contractor - and, as she had made the complaint against that contractor and not her employer, she could not claim victimisation against her own employer on the basis of that complaint.

Although the Sex Discrimination Act makes it unlawful for a company to discriminate against contract workers, there is no provision that outlaws discrimination by one contractor against another. The EAT suggested that the law should be amended to reflect the changing nature of work.

T-systems v Raju & Allied Worldwide Ltd and Raju v T-Systems Ltd UKEAT/0633&0634/05