Quashie v Stringfellows Restaurants Ltd: EAT 26 Apr 2012

Worker, Employee
The Employment Judge erred in her conclusion that the Claimant was not an employee on each night she performed work and in the intervening stages when she was on the rota to perform work, on holiday, and at all stages in between. The Employment Judge did not find it necessary to decide the illegality issue in the light of her finding against the Claimant and did not reach adequate conclusions given the material put forward by the Respondent. The Claimant’s claim that she was an employee was upheld and the Judge’s decision was reversed. The matter of illegality on the cross appeal succeeded and was remitted. The matter would go to a fresh three person Tribunal to determine unfair dismissal and illegality.


McMullen QC


[2012] UKEAT 0289 – 11 – 2604




England and Wales


See AlsoQuashie v Stringfellow Restaurants Ltd EAT 5-Jul-2011
EAT Unfair Dismissal . .
CitedYuen v The Royal Hong Kong Golf Club PC 28-Jul-1997
(Hong Kong) The applicant was dismissed as a golf caddie after nine years. The Club denied that he had ever been an employee. He was issued by the club with a number, a uniform and a locker. Caddying work was allocated to available caddies in strict . .

Cited by:

Appeal fromStringfellow Restaurants Ltd v Quashie CA 21-Dec-2012
The company appealed against a decision that the claimant, a lap dancer at their premises, had been an employee. She performed for the entertainment of guests at the respondents’ clubs. She paid the respondent a fee for each night worked. Doing so . .
Lists of cited by and citing cases may be incomplete.


Updated: 11 August 2022; Ref: scu.454092