Lap dancer - an employee?
The Court of Appeal was faced
with the issue of whether a lap dancer was an employee or
self-employed in Stringfellow Restaurants Ltd v Quashie.
Ms Quashie worked as a lap
dancer intermittently at the defendant's clubs. When she was
no longer required she claimed unfair dismissal.
Ms Quashie received cash or
vouchers from customers for her work and was obliged to pay a daily
fee to the club. The club also took a commission of Ms
Quashie's earnings. Ms Quashie was subject to the rules of
the club and was fined if she was late. It was on this basis
that the EAT concluded that Ms Quashie was an employee, as there
was a form of contract in place for the nights that she worked and
that the club was required to provide her with work.
The Court of Appeal overturned
the EAT's decision on the grounds that there was no contract, due
to the manner in which Ms Quashie was paid. Ms Quashie was
free to negotiate her own remuneration with the paying customers
and had the risk of being out of pocket. Despite there being
some obligations under a contract present, the defendant had not
been obliged to pay Ms Quashie any remuneration for the work that
she did; an essential element of contract of
Posted on: 04/01/2013
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.
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