Ex-Stringfellows worker wins right to argue she was employee

Nadine Quashie, a former dancer with Stringfellows Restaurants Limited, has been granted permission to appeal an Employment Tribinal decision that she was not an ‘employee’.

A full hearing will now take place in March next year. The outcome will be of interest to the thousands of club dancers across the UK.

 Ms Quashie took her former employer to the Employment Tribunal, alleging unfair dismissal. However, the Tribunal held that Ms Quashie was not classed as an employee for the purposes of the Employment Rights Act 1996. Whilst Ms Quashie had satisfied two out of the three minimum requirements for a contract of employment i.e. that there was an element of control and personal service, the Employment Tribunal held that there was no mutual obligation between Ms Quashie and Stringfellows to provide and do work.

 It is alleged that although staff were self-employed, they were required to work certain shifts, attend regular staff meetings and were prohibited from working for competitors.

 Judge McMullen in the Employment Appeal Tribunal gave permission for Ms Quashie’s appeal to be heard on all grounds. In reaching his decision, HHJ McMullen stated that the fact Ms Quashie was rostered to work for Stringfellows suggests that there was a corresponding obligation on their part to allow her to work on the rostered dates and pay her as a result.

 In response, Stringfellows have now cross-appealed. Whether the cross-appeal will be considered is to be determined at a hearing on 1 February 2012. The full hearing of Ms Quashie’s appeal will be heard on 1 March 2012.

 Ms Quashie’s solicitor Shah Qureshi of Bindmans LLP said: “This decision is a small victory for common sense. His Honour Judge McMullen accepted that there were good arguments to support the case that my client was an employee at Stringfellows. This was irrespective of the working arrangements insisted upon by Stringfellows.

 "Dancers in clubs are often exploited due to their lack of employment status. The clubs insist on them being self-employed despite the fact that they have obligations like any other employee including the provision of services, set working hours and financial penalties for not working.”

After the judgment Nadine Quashie said: “I am happy that the Appeal Tribunal understood why I believe that I was an employee. I know there is a long way to go and hope that I am successful in arguing that dancers should have the same employment rights as others rather than be at the whim of unscrupulous employers. I hope that a positive outcome will help bring about better regulation of the industry.”