Who is an employee?
A slippery pole for lap dancer.

The question over who is an employee has always been a tricky one. Generally speaking if you tell someone where to work, when to work, how to work, what they will be paid and provide them with the tools to do their job more likely than not they will be an employee.

In the case of Quashie v Stringfellows, Miss Quashie was a lap dancer who was told that she had to work a minimum of three shifts per week, told that she had to work topless and wear nothing more than a garter and G-string, told how much to charge per dance and told not to handle cash. Despite this she was not an employee.

There had been a contract, entered into with Stringfellows within which they purported that Miss Quashie was self employed and set out details as to payments that were to be made to the club in respect of attendance fees, commissions and fines. The tribunal found that on the facts of the case there was insufficient evidence that the contract was illegal and so found her not to be an employee.

Companies must use this case with extreme caution as and be aware that if they do not want someone to be a member of staff, they must ensure that there is sufficient information and detail contained within a contract for services.