Quashie v Stringfellows Restaurants Ltd [2012] UKEAT 0289_11_2604
Published on: 04/05/2012
Issues Covered:
Dismissal
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Background
This case concerned the employment status of a Lap Dancer: was she an employee or selfemployed? Secondly, if she is an employee, was the contract performed illegally so as to disentitle her to enforce a claim of Unfair Dismissal? The Claimant was employed as a lap dancer by the well-known Peter Stringfellow. She commenced employment with the Respondent in June 2007. She provided lap dancing services for the Respondent until 12 December 2008 when she was dismissed by the Respondent for misconduct for allegedly dealing drugs. The Claimant submitted an Employment Tribunal claim for unfair dismissal and a Pre Hearing Review was held in November 2010. At the Pre Hearing Review the Employment Judge deliberated on two issues: that of whether the Claimant was an employee and secondly whether the Claimant‟s contract with the Respondent was illegal. The Employment Judge held that the Claimant was not an employee and dismissed the claim for Unfair Dismissal. She further held that there was insufficient evidence to determine on the balance of probabilities whether the Claimant‟s contract with the Respondent was illegal. The Claimant appealed the employment status decision and the Respondent appealed the illegality decision.For the purposes of the appeals counsel agreed the following sequence was appropriate:(1) Was the Claimant an employee on the nights she danced at the Respondent‟s club? It was conceded by the Respondent that the Claimant had a contract on each night she was engaged, but it contended this was not a contract of employment, nor was she the agent of a principal, the Respondent.(2) If an employee on the nights, was she also an employee during the gaps between those employments so that she came under an umbrella, or overarching, contract of employment from her first to her last night? 71(3) If she was so employed under an umbrella contract, it is conceded by the Respondent that she had one year‟s employment, and the Judge‟s rolled up decision to the contrary would be set aside.(4) If she was an employee, was the contract void by reason of illegality in its performance?The Employment Appeal Tribunal determined that there were sufficient facts to suggest that there was mutuality of obligation between the Claimant and the Respondent, i.e. the fact that the Claimant was obliged to provide work and the Respondent was obliged to pay for that work demonstrated an obligation.On the second point of appeal (illegality) the Respondent alleged that the Claimant had acted unlawfully on issues relating to tax and that this therefore rendered any contract of employment illegal and void. The EAT allowed the Respondent‟s cross-appeal and submitted the case to the Employment Tribunal for a merits hearing on Unfair Dismissal and whether the contract was illegal.http://bit.ly/Iz3rYV
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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 04/05/2012
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