10 January 2013 #Employment
In July 2012 we reported that the Employment Appeal Tribunal had ruled that Miss Quashi, a lapdancer at Stringfellows, was an employee. However, this decision has subsequently been overturned by the Court of Appeal which determined that she was in fact self-employed.
One of the reasons for the Court of Appeal’s decision was because the club was under no obligation to pay Miss Quashil. Miss Quashi negotiated her own fees with the club’s clients. In addition, she took the economic risk that she might be out of pocket on any particular night as she was still required to pay the club a fee for being able to dance there, which included a fee for the services of the club.
In addition, the Court of Appeal noted that Miss Quashi’s written contract defined her as self-employed and she therefore paid her own tax. She also did not receive sick pay or holiday pay.
This is an interesting decision. The Court of Appeal has restored the employment tribunal’s original decision that there was no contract of employment in place. As a result, her claim for unfair dismissal (she had been prevented from working at the club as she was believed to have become involved with drugs on the premises) cannot proceed.