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Georgina Bryan successful in fringe theatre worker status dispute
appeared for the successful Respondent in the remitted hearing of claims brought by actors engaged in a fringe theatre production on a profit share basis. The actors, who claimed the national minimum wage and holiday pay, had previously been held to be workers. This judgment had been overturned by the EAT.
At the remitted hearing, Employment Judge Warren held that the Claimants marketed their services to the world by means of online profiles, agents, and networking, and were integrated into the theatre production but not into the Respondent’s organisation. They were subordinate to the Respondent in that they attended at set rehearsal times and received instruction from the director, but that was the nature of their work. They had knowingly entered into a contractual arrangement that they knew carried risk, and they were not dependent upon the Respondent for future work. As such, they were not workers; they were professionals and the Respondent was their client or customer.
Georgina was instructed by Paul Jennings at Bates Wells Braithwaite.
Georgina is currently a pupil at Littleton, and has recently accepted an offer of tenancy to commence on 1 October 2015.