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Hairdresser wins ‘landmark’ tribunal case for beauty industry workers – Chelsea Brooke-Ward instructed for the claimant

Miss Brooke-Ward, successfully represented Megan Gorman at the Manchester Employment Tribunal at Preliminary Hearing listed to deal with employment status.

Miss Gorman was a hairdresser at Terrence Paul’s Salon. Her contract was terminated following a closure of the salon at which she worked. At the hearing Terrence Paul argued that Miss Gorman was a self-employed hairdresser pursuant to a contract which clearly stated she was self-employed and responsible for her own accounting.

At a hearing on 11th March 2020, Employment Judge Marion Batten, despite such purported contract, found in favour of Miss Gorman finding that she was an “employee”, entitling her to bring claims for unfair and wrongful dismissal, sexual discrimination and a failure to provide a written contract of employment, as well as claiming for holiday pay.

The Judge found that there was a large degree of control over Miss Gorman’s hairdressing business, so much so that she was not in “business of her own accord”.

Miss Gorman was found to be controlled in areas such as pricing and promotions, hair products, uniform, time off, working hours and when she got paid, all of which Miss Gorman was found to have no entitlement to vary, as one would expect a self-employed hair stylist to be able to do so.

The Judge found that such degree of control, as well as other matters such as mutuality of intentions, were indicative of an employment relationship. On balance the judge preferred the evidence of Miss Gorman and found that she was an employee of Terrence Paul. The judgment was undoubtedly welcomed by Miss Gorman, Miss Brooke-Ward and all of her legal representatives at Direct Law Personnel.

Manchester Evening News Report :

https://assets.publishing.service.gov.uk/media/5e7b45e5e90e0706ee64a793/Ms_M_Gorman_v_Terence_Paul__Manchester__Limited_-_2410722_2019_-_Preliminary.pdf

For further information about Chelsea Brooke–Ward please contact one of her civil clerks:

Francine Kirk on 0113 202 8605

Andy Reeves on 0113 213 5252

Daniel Highfield on 0113 213 5207

Patrick Urbina on 0113 213 5250

Joshua Duree on 0113 213 5246