from www.guardian.co.uk – The rights of thousands of women working as lap dancers are to be tested after a judge ruled that an appeal tribunal should establish whether Stringfellows “employed” its performers.

The legal challenge brought by Nadine Quashie [pictured], 28, who in one year earned more than £100,000 at the central London nightclub, is likely to set a precedent for the adult entertainment industry where it has been argued that dancers are self-employed.

In a newly released decision, the judge in the case, Jeremy McMullen QC granted Quashie permission to take her case against Stringfellow Restaurants Ltd to an employment appeal tribunal in “this very unusual case”.

The fact that she was regularly “rostered” to work on pre-arranged days meant, the judge said, that she had an arguable case that she was employed by the club. Stringfellows, which won an unfair dismissal hearing last year, has appealed against the latest ruling.

The case, which provides an insight into the financial incentives offered and fines imposed on lap and pole dancers, is likely to be heard early next year.

Welcoming the decision, Quashie said: “I am happy that the appeal tribunal understood why I believe that I was an employee. I know there is a long way to go and hope that I am successful in arguing that dancers should have the same employment rights as others rather than be at the whim [of] employers. I hope that a positive outcome will help bring about better regulation of the industry.”

Her solicitor, Shah Qureshi of the law firm Bindmans, said: “This decision is a small victory for common sense. His Honour Judge McMullen accepted that there were good arguments to support the case that my client was an employee at Stringfellows.

“Dancers in clubs are often exploited due to their lack of employment status. The clubs insist on them being self-employed despite the fact that they have obligations like any other employee including the provision of services, set working hours and financial penalties for not working.”

Quashie worked at Stringfellows from June 2007 to December 2008. Court papers show the club offered a dance package menu: “£20 for one fully nude tableside dance and from £300 for one hour to invite a dancer to “sit downs”.

Dancers were rewarded in “heavenly money” vouchers, exchanged for cash at a later date but subject to the club’s commission fees.

On one occasion Quashie said she had agreed to be paid £2,000 to sit with a client for two hours. Between August 2007 and August 2008, her accounts showed that she earned £113,740.

Nightclub owner, Peter Stringfellow, said they would contest the appeal.