ARTICLE
28 June 2012

Employee Status And The Bare Facts - Quashie v Stringfellows

The question for the Employment Appeal Tribunal (EAT) was whether a lap dancer was an employee, and therefore entitled to unfair dismissal protection.
United Kingdom Employment and HR

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; and
  • 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 dances.

A case illustrating that employee status will always come down to facts, rather than the parties' belief about their relationship.

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