Ms A Taylor v Represented by: Mr J Kiddie - Counsel M&M Theatrical Productions Ltd — 2024

At a preliminary hearing in Glasgow on 16 May and 10 and 11 September 2024, Employment Judge L Doherty dealt with the claimants' employment status. The second claimant's Equality Act claim was confirmed withdrawn. The remaining claims were under the Working Time Regulations 1998, the National Minimum Wage Act and the Employment Rights Act 1996, and the issue was whether the claimants were workers rather than self-employed contractors.

The tribunal accepted evidence from both claimants and found that the respondents exercised a very considerable degree of control. The written contracts incorporated an 11-page Policies and Guidelines Manual dealing with rehearsals, accommodation, costumes, health and safety, vehicles, team conduct, social media, complaints and documents. In practice the claimants wore uniform and ID badges, attended induction, carried out vehicle checks and cleaning, and were subject to unannounced management visits and performance notes.

The tribunal treated the claimants' self-employed tax returns, gross payments and the second claimant's invoices as relevant but not determinative. It found mutuality of obligation, fixed rates of pay and no evidence that pay or terms were negotiable. On substitution, clause 14 did not confer an unfettered right: any substitute had to be suitably qualified and approved, and the respondents retained a right to terminate if the actor could not perform. Taking control, mutuality and personal service together, the tribunal held that the claimants were workers for the purposes of the remaining claims, so the tribunal had jurisdiction and the case was to proceed to a final hearing. No merits findings or remedy were made.