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Does a lap dancer have employee status?

Distinguishing between a self-employed worker and a worker who has employee status can be difficult; however many employers accept that where employee status is gained where: 

  1. there is a contract which places an obligation on a person to provide work personally;
  2. there is mutuality of obligation between employer and employee  i.e. the employer must provide work and the employee must carry out the work and 
  3. there is control over the employee by the employer. 

However, is it safe to assume when one of the limbs from the above test are missing that the worker will be self-employed? 

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Employment law changes from 6 April 2012

From 6 April 2012 the following employment law changes took effect:

1. The continuous service requirement for employees starting jobs on or after 6 April 2012 will increase to two years for unfair dismissal claims. Employees who started before 6 April 2012 will remain under the old regime, a years service. We are unlikely to see the true effect of this rule change until 6 April 2013.

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