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Self-employed hairdresser wins employment tribunal claim for holiday pay, notice pay and redundancy pay

21 July 2020

A self-employed hairdresser has won her employment tribunal claim for holiday pay, notice pay and redundancy pay after successfully arguing she was effectively an employee rather than truly self-employed. This was due to the level of control her employer asserted over her. Click here to read the full article in the Manchester Evening News.

Control is one of the three factors considered when determining whether an employment relationship exists. The others are personal service and substitution and mutuality of obligations. These collectively are often referred to as the irreducible minimum. Their prevalence suggests that, although all factors must be considered, some are more important than others. At its strongest, this "irreducible minimum" principle means that if any one of the three core areas is not established, there can be no contract of employment. However, this should not be taken as an incontrovertible rule.

Other factors considered when determining whether an employment relationship exists are:

  • pay and financial risk
  • integration into business
  • other activities
  • description applied by the parties
  • nature and length of engagement
  • benefits and insurance

Watch this space for our guide on employment status coming soon!

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