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.

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 16 May 2024
  • Immigration

What Employers need to know about Biometric Residence Permits

Biometric Residence Permits (BRPs) are biometric immigration documents that are issued to non-EEA nationals and EEA nationals, who have been granted permission to stay in the UK.

art
  • 14 May 2024

Clarkslegal’s London team moves to new Chancery Lane office

The London office of Clarkslegal has relocated to Chancery House, on Chancery Lane. The staff is enthusiastic about the relocation because Chancery Lane has a longstanding association with the legal profession in London.

art
  • 10 May 2024
  • Employment

New duty on employers to prevent sexual harassment – coming October 2024

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force in October 2024.

art
  • 09 May 2024
  • Employment

Labour Party Employment Law Proposals – Promises of further consultations and a softer approach

The Prime Minister recently announced a raft of changes, to be implemented in the next parliament, aimed at reducing the number of people who are economically inactive due to illness.

art
  • 09 May 2024
  • Corporate and M&A

Navigating corporate transparency: ECCTA reforms series – part 1

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) received Royal Assent in October 2023 and marked a pivotal moment in corporate governance and transparency.

art
  • 07 May 2024
  • Employment

Changes to TUPE rules from 1 July 2024

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) aim to safeguard employees’ rights on the transfer of a business or on the change of a service.