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
  • 22 December 2025
  • Corporate and M&A

Corporate law in 2025 and looking forward to 2026

2025 has been a transformative year, with a massive paradigm shift from ‘deregulation’ to ‘transparency and accountability’ at Companies House.

Pub
  • 22 December 2025
  • Privacy and Data Protection

GDPR Packages

Our comprehensive GDPR Packages are designed to help organisations navigate the complexities of data protection and ensure compliance with regulatory requirements.

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.