A self-employed hairdresser has won the right to claim for notice, holiday and redundancy pay, in a ‘landmark’ case for beauty professionals.
The hairdresser won an Employment Tribunal judgment in Manchester arguing that, although her contract was as a self-employed hairdresser, the level of control which she had over her working practices effectively made her an employee.
Ms. Gorman’s claimed she had to work hours set by the salon, who she also said kept 67% of her takings.
Judge Marion Batten ruled in the hairdresser’s favour in March.
Judith Fiddler, of Direct Law & Personnel, said the preliminary judgment could affect thousands of hairdressers nationwide.
She said: ‘The whole hairdressing industry and many others will be affected by this decision‘The significance is huge, as many people who think they are self-employed are actually not.’
‘Our case was that Ms Gorman was treated as an employee and was not genuinely self-employed, and therefore should benefit from employment law rights.’
‘At all times she was treated as an employee and her bosses exercised tight control over all aspects of her work.’
The hairdresser joined the salon as a trainee in 2013, she later began to work on a contract headed Independent Contract for Services’, as a self-employed hairdresser.
The salon claims that self-employed hairdressers contracted at the salon have control over the hours and days they work, their start and finishing times, treatments they could give and their holidays.
Ms Gorman disputed this claim, stating that she worked from 9 am – 6 pm Monday to Saturday.
She also disputed the claim she had control over her pricing, saying that she had to use the company’s products, conform to the salon’s standards of dress and had to request time off.
TUC senior employment right officer Tim Sharp commented on the case. ‘This is yet another case of the courts calling out false self-employment.
‘The Government needs to use its planned Employment Bill to ensure that everyone gets full rights unless the boss can prove they are genuinely self-employed.’
This case could influence a range of self-employed professionals within the beauty services sector to claim full rights if they believe they are entitled to them.
Source: BBC News
