Smith and another
Decision Overview
Case Summary
This EAT appeal concerns John Halley, who was appointed as lead junior counsel to the Scottish Child Abuse Inquiry (SCAI) and brought claims for disability discrimination and victimisation. The ET dismissed the claims on jurisdiction grounds, holding that Halley was neither a public office holder under section 50(2)(b) of the Equality Act 2010 nor a 'worker' under employment law. The EAT upheld the ET's decision, confirming that counsel to a public inquiry operates as a self-employed advocate without the status necessary to bring discrimination claims under Part 5 of the Equality Act 2010.
Why this outcome?
Jurisdictional barThe EAT upheld the Employment Tribunal's dismissal because counsel to a public inquiry, although appointed to the SCAI, was not holder of a public office within section 50(2)(b) of the Equality Act 2010 (which requires appointment to an office made on recommendation or with approval of a member of the executive). The appellant also failed to meet the definition of 'worker' because he was a self-employed advocate providing professional services to a client without the necessary subordination relationship, meaning he fell outside the jurisdictional scope of Part 5 of the Equality Act 2010 discrimination protections.
Claim Types
Key Issues
- •Whether counsel to a public inquiry established under the Inquiries Act 2005 is the holder of a public office within section 50(2)(b) of the Equality Act 2010
- •Whether counsel to a public inquiry is a 'worker' within section 230(3)(b) of the Employment Rights Act 1996
- •Whether the Employment Tribunal has jurisdiction to hear claims of disability discrimination and victimisation
- •Whether the appellant was a self-employed advocate or held employment status entitling him to discrimination protections
- •Procedural issue: whether the appellant agreed to determination by written submissions without further evidence
Cited Laws and Legal Issues
John Halley, who was appointed as lead junior counsel to the Scottish Child Abuse Inquiry (SCAI) and brought claims for disability discrimination and victimisation.
As for the decision in Gilham, that again is a case which concerns, in the context of a whistleblowing claim, the status of a judicial officeholder.
Decision Text
Judgment approved by the Court for handing down Halley v Smith and another © EAT 2026 Page 1 [2026] EAT 56 Neutral Citation Number: [2026] EAT 56 Case No: EA-2024-SCO-000090-LP EMPLOYMENT APPEAL TRIBUNAL 52 Melville Street Edinburgh EH3 7HF Date: 17 April 2026 Before : THE HONOURABLE LORD COLBECK - - - - - - - - - - - - - - - - - - - - - Between : JOHN HALLEY Appellant - and – THE RIGHT HONOURABLE LADY SMITH & JULIE-ANNE JAMIESON Respondents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - John Halley, the Appellant Brian Napier KC (instructed by Turcan Connell), for the Respondent Hearing date: 26 February 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court for handing down Halley v Smith and another © EAT 2026 Page 2 [2026] EAT 56 SUMMARY 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. Judgment approved by the Court for handing down Halley v Smith and another © EAT 2026 Page 3 [2026] EAT 56 The Honourable Lord Colbeck: Introduction 1. What is the status of counsel to a public inquiry established under the Inquiries Act 2005 (“2005 Act”)? 2. The appellant was appointed as lead junior counsel to what became known as the Scottish Child Abuse Inquiry (“SCAI”). The respondents are, respectively, the chair of the inquiry and the secretary to the inquiry. 3. The SCAI was established under the 2005 Act on 1 October 2015. Its purpose i...
Case Facts
- Claimant
- Halley
- Case Number
- [2026] EAT 56
- Appeal result
- Appeal dismissed
- Tribunal
- Employment Appeal Tribunal
- Level
- Appeal
- Decision Date
- 17 April 2026
- Published
- 22 April 2026
- Jurisdiction
- England & Wales
- Judge
- The Honourable Lord Colbeck
- Representation
- Litigant in person