Employment

Halley v Lady Smith & Anor (Disability Discrimination; Status of counsel to a public inquiry under the Inquiries Act 2005)

[2026] UKEAT 56Employment Appeal Tribunal2026

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EMPLOYMENT APPEAL TRIBUNAL 52 Melville Street Edinburgh EH3 7HF 17 April 2026 B e f o r e :

John Halley, the Appellant Brian Napier KC (instructed by Turcan Connell), for the Respondent Hearing date: 26 February 2026 ____________________

Disability Discrimination; Status of counsel to a public inquiry under the Inquiries Act 2005

An Employment Tribunal had not erred in holding that counsel to a public inquiry established under the Inquiries Act 2005 was not the holder of a public office in terms of sub-section 50(2) of the Equality Act 2010 ; nor was he a "worker", as defined by sub-section 203(3) of the Employment Rights Act 1996 .

The appellant was not working for himself as counsel to a public inquiry. The EJ erred in law by his failure to apply and to follow the proper approach a set out in the authorities cited to him.

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BAILII · Verbatim mirror

The appellant was not a worker and did not have the protection of section 83 of the EqA . As an advocate, he has the protection given by sub-section 48(6) of that Act.

Other matters raised by the appellant

A number of other matters were raised by the appellant in his skeleton argument. In light of the decision I have reached it is unnecessary for me to comment further upon them.

Disposal

The appeal is dismissed.

Note 1 See Halley PH 4103196-22 Status and eligibility.doc [Back]

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