Stringfellows Stripper Nadine Quashie
She was a Stringfellows stripper and her case may impact IR35.
Topless dancer Nadine Quashie lost her unfair dismissal case against Stringfellows 18 months ago.
The tribunal said that she was self-employed.
So, she appealed against that.
False Tax Returns
Stringfellows counter appealed that, because she made false tax returns, it invalidates the contract.
The judge said that at the start of the contract the contract was valid. However, he couldn‘t rule if the false tax returns invalidated it. So, he pushed it back to the tribunal.
As regards Nadine‘s claim the judge said that when control and mutual obligation were taken into account, she was an employee on those nights when she danced at the club.
Management Control
Therefore, she was under the control of the management.
If she was told by the management to go over to a customer for a free dance she could not refuse as she would be fined.
The judge said that she and Stringfellows had an umbrella agreement which would have given her a year‘s continuous employment.
So, the judge set aside the tribunal‘s previous decision that she was self-employed.
HMRC Representations
As regards Stringfellows‘ cross appeal which said she made wrong representations to HMRC by claiming expenses as she thought she was self employed, the judge said that the figures need more analysis.
He said that there needed to be some kind of explanation as to why someone who studied both law and accounts at university put those figures forward.
He said that it needed an employment tribunal to rule on that.
Nadine will now be able to re-present her case to a new tribunal as to why she was an employee of Stringfellows. She claims that she was wrongly dismissed.
It could be, therefore, that the Stringfellows stripper has a major effect on IR35 legislation.
