A self-employed hairdresser has won the right to claim for notice, holiday and redundancy pay in a ‘landmark case’ for the beauty industry.
Megan Gorman, 26, was a self-employed hairdresser at a Terence Paul salon in Manchester city centre, however, she argued the working practices made her ‘effectively an employee’.
Her lawyers claimed the successful judgment of an employment tribunal hearing could affect thousands of people who work in the beauty industry.
Gorman had to work set hours in the salon, which also kept 67% of her takings. She worked their for six years until it closed in 2019.
Gorman had an Employment Tribunal hearing in Manchester where the judgment went in her favour according to her lawyers.
The case furthers legal decisions on ‘worker’ status, as with the case in Uber drivers which is currently on appeal from the Court of Appeal.
The judgement could affect people in the beauty industry as well as wider industry’s such as dentists, hygienists, delivery drivers and bookkeepers.
Judith Fiddler, of Direct Law & Personnel 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.
“The influence of the Pimlico Plumbers and Uber drivers’ cases has changed the climate.
“Our case was that Meghan 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.”
Industry figures explain that of the some 330,000 people who work in the beauty industry, 80% are women.
Ms Gorman joined Terence Paul in 2013 as a 19-year-old on a contract headed ‘Independent Contract for Services’ as a self-employed hairdresser.
She is now in pursue of further claims against the company including unfair and wrongful dismissal, sexual discrimination and a failure to provide a written contract of employment, as well as claiming for holiday pay, according to her lawyers.
Terence Paul claim the company’s self-employed hairdressers had control over their hours, days they worked, shift times, treatments they could give and holidays.
Gorman disputed this explaining she had to work 9am-6pm Monday to Saturday with no control over pricing or discounts. She also had to use company products, conform to Terence Paul’s dress standards and had to inform the salon if she wanted time off.
She explained: “They clearly had the power and control. I did not believe it could be considered I was in business on my own account.
“I had thought for some time that the contract they had in place was not right, saying I was self-employed when they had all those rules in place.”
TUC senior employment rights officer Tim Sharp said: “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 news comes following claims that the beauty industry has been abandoned by the government throughout coronavirus lockdown and that those industries where employment is highest among women have been hit the hardest.
The government failed to show an understanding of what gender played in the crisis and failed to produce an equality impact assessment for any of its new policies.
The beauty sector – which has links to 590,000 wider jobs and contributed £7bn in tax revenue in 2018 – was poked fun at by Prime Minister Boris Johnson during Prime Minister’s Questions. Including the reopening of barbers and beard trimming services but no facials, eyebrow or eyelash treatments which have since been allowed to continue after the ‘Why Can’t I Work’ campaign.
Nicola Bulley: Private dive team brought in as last images of missing mum released
Private dive teams have join the search to help find Nicola.
A team of private divers have joined search efforts to find missing mum, Nicola Bulley as last images of her from her doorbell camera have been released.
In what is now into the 10th day of the search for the missing mum-of-two, divers from the private Specialist Group International (SGI) are now assisting Lancashire Police. The firm’s founder, Peter Faulding, said he had offered the team’s services free of charge to the force.
The 45-year-old mum was last seen by a member of the public on a riverside dog walk in St Michael’s on Wyre, in Lancashire, on Friday January 27th. Police believe she may have fallen into the River Wyre.
The mortgage advisor was captured on the doorbell camera of her home as she went on the school run before her disappearance. The images show her getting ready to set off on the four-mile journey from her home. Dressed in her walking boots and hooded raincoat, she is seen opening the boot of the family car as her dog, Willow, jumps in the back.
The private team of drivers have already been scouring the water as they join a team of volunteers, along with mountain rescue, sniffer dogs, drones and helicopters, but no trace of Ms Bulley has yet been found. The firm’s founder, Peter Faulding said: “We’re bringing extra divers, and we also bring hi-tech sonar.
“It gives us double the resources so we can cover an extremely large area.”
Police said SGI’s offer to assist in the search was ‘taken up after speaking with Nicola’s family’, saying: “We continue to lead an extensive and far-reaching multi-agency search using a wide range of specialist equipment and resources.”
Hoping the extra help would bring the family ‘answers’, friend, Emma Wight, added: “Following the theory or hypothesis of the police that Nicola is in the river, we need some evidence to back that up either way.”
After she was last sighted, Ms Bulley’s phone was found on a bench by the Wyre, along with a dog harness, some 25 minutes later.
It was still logged in to a conference call.
Lancashire Police have said there was no evidence of ‘anything untoward’ happening to her or any third-party involvement.
With Detective Superintendent Sally Riley saying officers were ‘as sure as we can be that Nicola has not left the area where she was last seen and that very sadly for some reason she has fallen into the water’.
Detectives said they were open to new information and criticised the online abuse of people who had been helping their inquiry, declaring it ‘totally unacceptable’.
Ms Bulley’s disappearance has drawn a lot of attention on social media with thousands of people commenting on the ongoing search. Many have wished the family well while some people have been speculating about what might have happened by discussing the family’s finances and relationships.
According to the BBC, Ms Bulley’s friend Heather Gibbons said ‘vile’ theories being shared online were hurtful, and that she was concerned that as Ms Bulley’s daughters get older ‘they will be able to look back and they will be able to see everything that was said’.
As reported by the Manchester Evening News, a spokesperson for Lancashire Police said: “The speculation and abuse on social media aimed at some people who are merely assisting our enquiry is totally unacceptable.
“We would urge people to remember that we are investigating the disappearance of Nicola, and the priority is Nicola and her family. We want to find her and provide answers to her family.”
Government scrap plans to house asylum seekers in Southport Pontins
Ministers are searching for large sites to replace the costly use of hotels to house asylum seekers.
The UK government has scrapped plans to house asylum seekers in the Pontins holiday resort in Southport.
Sefton Council had opposed converting the resort, in Ainsdale, into asylum accommodation. The authority is understood to have raised a number of objections, including the logistics of accessing the site and the impact it would have on its local tourism.
Southport MP Damien Moore described the proposal for Pontins as ‘completely inappropriate’ and added that an influx of vulnerable families would have added further pressure on local children’s services — already rated ‘inadequate’ by regulator Ofsted.
Ministers are searching for large sites to replace the costly use of hotels to house asylum seekers awaiting decisions while their claims are assessed. The council was approached by the Home Office last year about potentially turning the site into a temporary base, which can accommodate more than 3,000 people, and is still currently used as a holiday resort.
The government was understood to be close to finalising plans with Britannia, the holiday park’s owner, which would have seen the coastal attraction closed to the public.
A council spokesperson said: “We have now been informed that the Home Office no longer wish to pursue plans to house Asylum Seekers at the Pontins site in Ainsdale. We are awaiting written confirmation of this decision.”
The talks are not understood to have involved Sefton Council or local MP Damien Moore who criticised the government for failing to communicate with him over a key issue affecting his community, saying: “MPs should be updated by Home Office officials on how discussions are going.”
The government wants to end the reliance on hotels to house asylum seekers who are awaiting decisions on their claims, which the Home Office says is costing £6.8m a day.
Immigration Minister Robert Jenrick is trying to find larger alternative sites which he says will be cheaper – including former student halls of residence, holiday parks and surplus military sites. But none have yet been given the go-ahead.
A plan to turn a former RAF base in Linton-on-Ouse in North Yorkshire into an asylum centre was also scrapped last summer due to local opposition.
Serial rapist from Bolton set for release from prison
He is set to walk free next month
A serial rapist is set to be released from prison despite an appeal from the justice secretary.
Andrew Barlow, 66, who lived in both Bolton and Oldham, became Britain’s most wanted man after a string of sex attacks on women and girls between 1981-1988. Barlow was jailed for life in 1988 with a minimum term of 20 years, for 11 rapes, three attempted rapes and a range of other offences.
But now he is set to walk free next month after a decision made by the Parole Board, after it rejected an application from Dominic Raab to cancel the scheduled release of the repeat offender. However, the decision may be challenged through an appeal to the High Court.
A spokesperson for the board said: “We can confirm that a panel of the Parole Board has directed the release of Andrew Barlow following an oral hearing. Parole Board decisions are solely focused on what risk a prisoner could represent to the public if released and whether that risk is manageable in the community.”
Barlow targeted teenaged girls and young mothers mainly in the Manchester area, where he lived during the decade. He broke into victims’ homes, used weapons to threaten them – and in one case to cause injury – before assaulting them often while their children were in the same house.
The sex offender was dubbed the ‘Coronation Street Rapist’ after attacking several women in terraced houses reminiscent of the ITV soap’s setting. Barlow, also known as Andrew Longmire, was convicted and jailed in October 1988 when he was aged 32.
After serving more than 34 years in jail, the Parole Board determined on December 12th 2022 that he could be released. Mr Raab applied to the board for reconsideration on January 17th, arguing that the panel had ‘failed to take proper account of the evidence regarding risk and in particular the expert psychology evidence’.
The Parole Board heard how Barlow’s behaviour had been ‘good for many years’ while in prison and he had worked on educational and vocational qualifications – he had also taken part in ‘accredited programmes’ to address sex offending.
It concluded that a plan that put strict limitations on his contacts, movements and activities would be ‘robust’ enough to manage Barlow in the community. The board rejected Mr Raab’s application, saying that ‘there has been no misdirection of law’ and that it had considered ‘all the evidence’.
The board said: “The whole panel would be aware of the correct test and the panel was chaired by a very experienced retired Judge who also has considerable experience of parole hearings and applying the statutory test.”
Barlow’s attacks included the rape of a 26-year-old woman in her Sheffield home, while her three-year-old daughter hid terrified behind a settee. He threatened the woman with a screwdriver before carrying out the attack.
In 2021, following the rearrest of double murderer Colin Pitchfork, the Justice Secretary said he wanted to see a more cautious approach to future parole decisions. Pitchfork, who raped and killed two teenage girls in the 1980s, was recalled to prison in November 2021 – two months after being released.