The question for the Employment Appeal Tribunal (EAT) was
whether a lap dancer was an employee, and therefore entitled to
unfair dismissal protection.
Ms Quashie had worked at Stringfellows for 18 months, where
dancers were generally regarded as being self-employed. She was
dismissed for alleged drug-taking and brought an unfair dismissal
claim. The tribunal found against her on the basis that there
wasn't sufficient mutuality of obligation between her and
Stringfellows to create an employee/employer relationship.
She appealed and won. Some of the key aspects of Ms
Quashie's role which contributed to the EAT's finding of
employee status were:
she had to work according to a rota;
Stringfellows was obliged to offer her work and to pay her;
the club exercised a sufficient degree of control over her, for
instance requiring her to work certain regular days every month, to
comply with dress codes and to perform a set number of free
A case illustrating that employee status will always come down
to facts, rather than the parties' belief about their
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Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
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advice on specific issues. Consequently, we cannot accept any
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In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick  EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
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