1. Employment status

The Employment Appeal Tribunal has held in Quashie v Stringfellow Restaurants Ltd that a lap dancer described as being ‘self-employed’ and who worked intermittently was an employee.

What does this mean?

Courts and tribunals will take into account the specific facts of a case when deciding whether someone is an employee or not. Where there is a ‘money’s worth for work’ bargain, control by the ‘employer’ and the requirement for the individual to do the work personally, that person will be classed as an employee regardless of how they are described.

What should employers do?

Note that merely calling a worker “self-employed” in the documentation will not stop them being held to be an employee. Employers in doubt as to the employment status of a person working for them should take specific legal advice.