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Old Square Chambers’ John Hendy QC will take on Matrix Chambers’ Tom Linden QC in the Court of Appeal (CoA) next week in an battle over whether £200,000-a-year stripper Nadine Quashie was an employee of the Stringfellows club.
John Hendy QC
Linden has been brought in at the appeal stage by Davenport Lyons partner Marie van der Zyl for Stringfellows. At the Employment Appeal Tribunal (EAT) Cloisters’ Caspar Glyn QC acted for the club.
Hendy was instructed to lead Tooks Chambers’ Catherine Rayner by Bindmans partner Shah Qureshi. The team persuaded the EAT in April to overturn a first-instance ruling that she was not an employee of the club and therefore unable to pursue unfair dismissal claims (27 April 2012).
Judge McMullen QC, who heard the appeal at the tribunal, said the concession made by Glyn at the appeal stage that a contract existed between the appellant and respondent meant she was employed by the club.
The judgment stated: “On each night she attended the claimant was obliged to work as directed by the management.
“If she didn’t provide the free dances or other duties, she could be fined. I infer from the findings that if the claimant were directed to a customer, she couldn’t refuse.
“It seems to me that mere attendance on the night is pursuant to a requirement that she work; that is, that she turn up and stay throughout the night shift on pain of fine or deduction.”
The case will reach the CoA next Tuesday (13 November).