Employee status

Case 11: The facts

After she was dismissed from her job at a gym, Louise Hickson brought a claim for unfair dismissal. Her employer argued that she did not have 12 months' service, because she had been self-employed while working at the gym under its previous owners.

Hickson had been self-employed at her own request, the Inland Revenue had accepted that she was self-employed, and she had regularly delivered invoices. However, she had worked fixed hours and set shifts, had a job description, and needed to ask permission for time off or to change her shift. She was also under the control of managers and had been disciplined by them.

The ruling

The fact that Hickson had asked to be self-employed was not conclusive, the Employment Appeal Tribunal said. Other than her tax status, everything pointed overwhelmingly to her being an employee. She was therefore entitled to bring her unfair dismissal claim.

London Fitness Consultancy v Hickson UKEAT/0160/05