Stringfellows’ lap dancer is employee
Question: When is a self-employed individual actually an employee?
Answer: When the courts say so (even when the employee and employer do not)!
This case highlights how a court’s decision can override the view of not only the employer but also the employee and industry norms for a type of employment relationship.
This will give a headache to a whole host of organisations with shimmying dancers on their books, confidently shaking their self-employed tail feathers, only (for all parties) to now have to work through that they are all in fact employees.
In this case, both the employer, Stringfellow’s Restaurants Ltd, and the employee Quashie, both regarded the lap dancers at the club as self-employed, however a judge at Employment Appeal Tribunal (EAT) has overridden the industry norm for lapdancers employment status finding that she was in fact an employee. The crux of the matter was their behaviours in the employment relationship.
The judge considered the continued working engagement, the contractual weekly rota with set shifts and required attendance at weekly meetings along with notification about holiday’s, compliance with the Club’s image and dress code were factors in scoping Quashie as an employee, not self-employed.
Whatever work self-employed resources perform, it makes sense for any employer to be aware of the potential for an error in this area – whether the challenge comes from an unexpected ET claim, or via HMRC. If you want to understand how big your problem could be, how to manage it from this point, then get in touch with us and we’ll work things through with you. Remember, the longer it goes on for, the harder it is to deal with. Call the office on 0845 463 3231 or email us. Make use of our expertise today.