Gorman v Terence Paul (Manchester) Ltd [2020]
Decision Number: 2410722/2019 Legal Body: Employment Tribunal (England & Wales)
Published on: 25/08/2020
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimant, a hairdresser, commenced work for the respondent as an apprentice hair stylist in 2013.    She fully qualified in October 2014 and the respondent gave her a document to sign headed ‘Independent Contract for Services’.  This stated that the claimant was to be a ‘self-employed hair stylist’.  The reasoning for this in the contract was that the respondent believed that it would not be able to retain high quality hair stylists as employees and that the stylists would want to take the financial risk and have flexibility.

The provisions of the contract included a substitution clause, it allowed the claimant to choose when to be in the salon subject the caveat that they would inform the respondent.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/08/2020