Search

How can we help?

Icon

“Self-employed” hairdresser found to be employee

The Claimant, a hairdresser, sought to pursue claims for unfair dismissal, notice pay, holiday pay and redundancy pay following the closure of the salon in which she worked but the Respondent argued that because she was self-employed the Tribunal did not have the jurisdiction to hear these claims.

At a Preliminary Hearing to determine her status, the Judge found the Claimant was in fact an employee for the following reasons:

  • The Respondent had a very high degree of control over the Claimant, including over:
    • the days and times she worked;
    • the clients she saw, the services provided and the amount to charge; and
    • The clothes she wore and the products she used.

The Claimant, a hairdresser, sought to pursue claims for unfair dismissal, notice pay, holiday pay and redundancy pay following the closure of the salon in which she worked but the Respondent argued that because she was self-employed the Tribunal did not have the jurisdiction to hear these claims.

  • It was clear that the Claimant was obliged to accept the work allocated to her and the Respondent was obliged to pay her for it; and
  • Despite the existence of a substitution clause, the Claimant could not send someone of her own choosing to work in her place and would not be paid unless she provided the services personally.

This ruling is a strong reminder to employers that when assessing employment status, the Tribunal will pay particular attention to the reality of the working arrangements.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 July 2026
  • Employment

Employment Rights Act 2025: Key takeaways from the Consultation for Zero Hour Reforms

The government published its consultation on reform of zero hour, low hour and agency worker contracts on 2nd June 2026. The consultation closes on 25 August 2026 and so there is still time to get responses in to help shape the operation of the new provisions in the Employment Rights Act 2025 (the “Act”).

art
  • 27 July 2026
  • Commercial Real Estate

What every business should know about commercial leases

Understand the key commercial lease clauses that can affect your business, including break clauses, security of tenure, repairs, alterations, rent reviews and assignment rights. Learn what tenants and landlords should consider when negotiating lease terms.

art
  • 23 July 2026
  • Immigration

New Priority Service for British citizenship applications: Faster decisions now available

The Home Office has introduced a new Priority Service for British citizenship applications, allowing eligible applicants to receive a decision on their naturalisation or registration application in around 30 working days, rather than waiting the standard processing time of up to six months.

Pub
  • 21 July 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q3 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical corporate and commercial issues, along with key developments our team has examined over the past three months. In Q3, they discuss CICs, company registers, and the use of NDAs in business sales and exits.

art
  • 20 July 2026
  • Privacy and Data Protection

Personal Data FAQs

Explore comprehensive answers to frequently asked questions about personal data, GDPR compliance, and your rights.

art
  • 16 July 2026
  • Corporate and M&A

EMIs – The basics

Discover the essentials of Enterprise Management Incentives (EMIs), an HMRC-approved employee share scheme offering tax advantages. Learn how EMIs incentivise staff, eligibility requirements, and how Clarkslegal can help tailor a scheme for you.