The claimant worked intermittingly as a lap dancer in Stringfellows Night Club (“the appellant”). She was told she would no longer be allowed to work in the club because it was believed she had become involved with drugs on the premises.

The claimant brought an Unfair Dismissal claim and the preliminary issue as to whether she was an employee arose. There was then a second issue of whether she had the necessary qualifying period to bring a claim of Unfair Dismissal.

The claimant did not have set hours, working on a rota. She booked which nights she would work and in practice averaged only 2 nights a week for 42 of the 80 weeks she claimed to be employed,