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.
Boy, 15, arrested after teenage boy stabbed to death outside school
He’s the second person to be arrested
A teenage boy has been arrested following the murder of a 15-year-old on Wednesday.
The suspect, also 15, was picked up by police after student Khayri McLean was stabbed to death in Huddersfield.
He has now been arrested in connection with the murder.
He’s the second person to be arrested as police investigate Khayri’s death outside his school.
West Yorkshire Police said: “Police investigating the murder of 15-year-old Khayri McLean in Huddersfield have arrested a second youth in connection with the incident.
“The 15-year-old male was arrested yesterday and is currently in custody. A 16-year-old male who was arrested yesterday also remains in custody.
“Officers from West Yorkshire Police’s homicide and major enquiry team (HMET) are continuing to conduct enquiries into the death of Khayri, who died after being stabbed on Woodhouse Hill, Huddersfield, on Wednesday.”
Kwasi Kwarteng scraps cap on bankers’ bonuses in first mini-budget as Chancellor
NEWS JUST IN
Chancellor Kwasi Kwarteng gave his first mini-budget in the House of Commons this morning.
He began by discussing the government’s plan to support people with the cost of energy, including freezing domestic bills at £2,500 and giving out the £400 rebate.
There’s also unit price limits for companies.
Kwarteng said he believes the UK needs a ‘new approach for a new era’ to achieve growth of 2.5%, saying the three important parts of his mini-budget are reforming the economy’s supply side, tax cuts and a responsible approach when it comes to public finances.
As part of this, the Chancellor announced a new bill to overhaul planning restrictions, saying this will ‘unpick the complex patchwork of planning restrictions and EU-derived laws’.
He revealed that benefit claimants will see their benefits reduced if they do not fulfil their job searching commitments.
Kwarteng also confirmed that the cap on bankers’ bonuses will be scrapped, following reports that he would make this one of his first moves.
As well as that, the planned corporation tax increase has been cancelled, and will remain at 19%, with the Chancellor also setting out a series of tax cuts for businesses.
This includes tax cuts for businesses in designated tax sites for 10 years, accelerated tax reliefs for buildings, and no business rates to pay for newly occupied business residences.
Drag Race UK star Cherry Valentine has died aged 28
NEWS JUST IN
Drag star George Ward, known as Cherry Valentine, has sadly passed away aged 28, it’s been confirmed this morning.
Ward’s family announced the news, describing his death as a ‘profound shock’.
He appeared on series two of RuPaul’s Drag Race UK, before going on to front the BBC documentary Gypsy Queen And Proud.
According to his family, Ward – who was raised in Darlington, County Durham as part of the Traveller community – died on Sunday.
He qualified as a mental health nurse back in 2015 before he began his career in drag.
Ward’s family said in a statement: “It is with the most heart-wrenching and deepest sadness to inform you that our George – Cherry Valentine – has tragically passed away.
“This will come as a profound shock to most people and we understand there is no easy way for this to be announced.
“As his family, we are still processing his death and our lives will never be the same.
“We understand how much he is loved and how many lives he has inspired and touched. All we ask is for your patience and your prayers in this time. We love you Georgie.”