We report on a Court of Appeal decision on self employed status.
The employment appeal tribunal (EAT) had previously overturned the decision of an employment tribunal, ruling that Lap Dancer, Nadine Quashie, was employed by Stringfellows nightclub and as a result could claim unfair dismissal.
That EAT decision has now been reversed once again, with the Court of Appeal finding that the dancer was in fact self employed.
As a result the nightclub is under no contractual obligation to pay her wages. The Court of Appeal decided that the dancer negotiated her own fees with clients, took the risk that on any particular night she might be left out of pocket and only ever received from Stringfellows money paid by clients, less deductions.
Ms Quashie’s status as self employed was “strongly reinforced” by the fact that her contract terms involved her accepting this was her status and that she paid her own tax and did not receive sick or holiday pay. That she was self employed was the “inevitable conclusion”, the court declared.
