In May this year I reported on the thorny issue of whether a lapdancer is an employee and consequently entitled to employment protection. At that time the Employment Appeal Tribunal took the view that she was an employee but Stringfellows counter-appealed on the basis that the contract was illegal because Ms Quashie had not disclosed all her earnings in tax returns. If that was established then the claim may fail anyway because the claim for unfair dismissal would be tainted with illegality on the part of the claimant.
Today the Court of Appeal has had its say and the question of illegality is now academic because Lord Justices Ward, Elias and Pitchford have overturned the decision of the EAT in finding that she was not an employee and consequently cannot claim unfair dismissal. She was a contractor because she paid the clubs (Stringfellows and Angels) for the opportunity to entertain clients.