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Arbeits-Rechtsstreit gegen SW-Kündigung.
Problem von Arbeitsausbeutung bei gleichzeigiger vom Arbeitgeber formal erzwungener (Schein-)selbstständigkeit:
Stripper of Stringfellows in London's West End, who earned £200,000 [225.000 Euro] a year sues club for wrongful dismissal
By Daily Mail Reporter
Last updated at 10:42 AM on 12th October 2010
Nadine Quashie, 28, lapdancer and a stripper who earned £200,000-a-year working at [a stripclub owned by Mr. Peter] Stringfellows today became the first lapdancer to claim unfair dismissal against a topless club in Britain.
Ms Quashie says she has launched her 'David and Goliath' lawsuit to blow the whistle on alleged exploitation of topless dancers at clubs run by nightclub entrepreneur Stringfellow.
Ms Quashie claims she was wrongly sacked by the world famous nightspot.
However, bosses of the chain say that Miss Quashie was self-employed when she worked at their two central London venues from June 2007 until December 2008, and are trying to have her legal claim thrown out at the Central London Employment Tribunal hearing.
The stripper says she was never told she was self-employed, and claims she and other topless dancers were forced to work to the club's rules which meant that in reality she was a full-time employee.
Miss Quashie said dancers were not able to set their own prices for 'services', and were not allowed to handle cash - instead dealing only in club vouchers, which customers bought with money at the start of the evening.
These vouchers were only allowed to be held in garters [Strumpfband] which all the girls were forced to wear, the tribunal heard.
The hearing was also told that all the strippers were required to give a free dance to a customer once ever hour when the song 'Girls, Girls, Girls' was played in the club, as well as complete regular 12-minute dance slots on stage or in a cage.
Ms Quashie told the court that one evening one of her 'regulars' agreed to pay her £1,000-an-hour to sit with him, but managers became angry when this was discovered after only two hours, telling her she was not allowed to earn any more money all evening.
The club took a £15 'tip-out' payment from all dancers at the start of any shift, which was paid to the house 'mother' responsible for all the girls.
At the end of the evening dancers handed back in their vouchers - called 'Heavenly money' - before an envelope of cash is made available the following day with money leftover after fees and 'fines' were deducted.
As well as the tip-out, girls pay a £65-per-shift house fee and as much as 25% commission, as well as getting 'fined' for being late or missing their compulsory dancing spots on stage, in cages or when attending meetings.
She also claimed that, despite Stringfellows assertions she was self-employed, all the dancers had to fill out forms applying for holiday if they wanted time off, and all had to work 'quiet' nights on Monday, Friday and Saturday.
Miss Quashie told the pre-hearing review: 'I was required to provide a fully nude lapdance every hour for free.
'There was a customer menu on the tables. The prices were £10 for a topless table dance and £20 for a fully nude table dance.
'I also had to dance on stage. Stage shows were not paid for. We did hosting, where we charge a fee to sit with a customer for an hour for £300, and can also do dances for them.
'We attended regular meetings with Peter Stringfellow or Roger Howe [one of the managers]. We were sent text messages informing us when there was a meeting, stating if we were late we would be fined and if we did not attend we would be suspended.
'We had to wear garters with Heavenly money. If we were caught with cash it would be confiscated. One dancer was caught without a garter and was suspended and told not to come back until she had one.
'We had to give a free dance to a customer every hour as soon as we heard the song Girls, Girls, Girls, and if we were found in the changing room [at this time] we were fined £50.'
Quashie
Peter Stringfellow: The club denies any wrongdoing related to Ms Quashie's claims
The nightclub claims that Miss Quashie signed a contract on the day of her audition which stipulated she was self-employed and responsible for her own finances and tax.
The tribunal heard that although the club was able to provide copies of other documents seen or filled in by the claimant they had lost the contract 'in an office move.' Miss Quashie said she only discovered that Stringfellows considered her to be self-employed after several months working there when she was told by another stripper.
Warum die US Stripper Gewerkschaft am Status Selbstständigkeit scheiterte
She claims she then hired a accountant before telling Her Majesty's Revenue and Customs (HMRC) she was self-employed in January 2008, and has since been told by the taxman to sort out her tribunal case before paying all her unpaid tax because her status may change.
The court heard she had not paid tax before that point, and her accountant had made errors when dealing with subsequent returns, as well as hearing that Miss Quashie has estimated that her earnings were £200,000 per year during her time at the nightspot.
However, the barrister for Stringfellows told the court this showed that Miss Quashie was dishonest, her case was 'constructed on lots of little lies', and she should not be believed.
Caspar Glyn, counsel for Stringfellows, told the tribunal: 'The allegation I make on behalf of Stringfellows is she's a tax fraudster and that this contract is based on grotesquely illegal misrepresentations and should be declared illegal.'
Ahead of today's pre-hearing review Miss Quashie, of Greenford, west London, said: 'I was dismissed in December 2008 for a gross misconduct that I was not guilty of - firstly drug using which was subsequently changed to drug dealing after I took a drugs test.
'After enduring one-and-a-half years of verbal abuse from Stringfellows' managers and being treated as an employee throughout my entire duration of employment there, I have decided to take Stringfellows to court for unfair dismissal.
'I believe that Stringfellows, who take illegal and extortionate fines and commission out of the dancers' money and even confiscate cash if they are caught with it, have been treating their dancers as employed, but classifying them as self employed.'
Stringfellows deny any wrongdoing.
The hearing continues.
Orginal mit Fotos der Parteien:
http://www.dailymail.co.uk/news/article ... issal.html
http://en.wikipedia.org/wiki/Peter_Stringfellow
http://www.stringfellows.co.uk
Stipper Forschung:
viewtopic.php?p=86461#86461
Warum die US Stripper Gewerkschaft am Status Selbstständigkeit scheiterte:
viewtopic.php?p=88077#88077
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