The Employment Appeal Tribunal is to consider whether it was unlawful for a book company to terminate a children’s author’s contract because of her beliefs about biological sex.
In a case set to be heard next week (20 September), Gillian Philip will allege that it was wrong for an employment tribunal to rule that she did not have ‘worker’ status, and therefore could not bring a discrimination claim against book packaging business Working Partners.
Philip was part of a team of several authors working for Working Partners, who were ghost writing under the name Erin Hunter for a series of fantasy books published by HarperCollins.
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Working Partners terminated her contract in June 2020 after she tweeted her support for JK Rowling, who faced accusations of being transphobic after questioning the use of the term “people who menstruate” instead of “women” in an article.
At a preliminary hearing in June 2022, the employment tribunal deemed that Philip’s case could not proceed as she did not have ‘worker’ status.
Her legal team will argue before the EAT that the tribunal overlooked the importance of her contract’s requirement for a personal service and the absence of a right to substitution, both of which indicate she had worker status.
Philip also claims the tribunal did not adequately consider the level of control the company exerted over her and her integration into the firm. She will say that Working Partners and HarperCollins had control over her work.
Law firm Irwin Mitchell, which is acting for Philip, said the outcome of the case could be significant for those with unconventional working arrangements.
Shah Qureshi, partner at Irwin Mitchell, said: “Non-traditional employment relationships are now commonplace, and it is important that those working under such arrangements, like Gillian, get the same protections as others. This includes the right not to be discriminated against for one’s beliefs.
“There are many workers in publishing and the creative industries with unorthodox working arrangements who nevertheless have mutual obligations with their employers akin to that required to be classed as a worker or employee.”
Working Partners and HarperCollins have been contacted for a response.
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