Equity will seek to appeal last week’s High Court judgment which found against the union’s case that casting platform Spotlight should be regulated.
Our union and our legal team, along with trade union movement body the Trades Union Congress (TUC), are concerned about the “economy-wide implications” for working people across the UK which have now arisen as a direct result of the judgment. Equity Council – the ruling body of the union – met yesterday (Tuesday 9 September) and voted to seek an appeal.
the Trades Union Congress (TUC), are concerned about the “economy-wide implications” for working people across the UK which have now arisen as a direct result of the judgment.
The legal case taken by Equity and a group of members sought to have Spotlight recognised as an employment agency – as defined by the Employment Agencies Act 1973. Had the case been successful, Spotlight would have had to justify, and possibly reduce, the up-front fees it charges to work-seekers, therefore benefitting Equity members and reducing or removing a barrier to finding acting work in the UK. The ruling has now raised new concerns about the judgment’s implications for other parts of the economy.
We have been overwhelmed by the positive messages from Equity members since the judgment and their encouragement to continue this campaign. Many are astonished that the judge has ruled that Spotlight ‘does not provide services for the purposes of finding persons employment’.
Paul W Fleming, Equity General Secretary
The judge, Her Honourable Justice Howells, in her judgment handed down on 3 September, found that Spotlight “does not provide services for the purposes of finding persons employment with employers, or of supplying employers with persons for employment by them.” However, the common sense understanding of Spotlight’s service is that its purpose is providing information about jobs to performers and information about performers to employers.
Paul W Fleming, Equity General Secretary, said: “It’s no surprise that the law has landed on the side of big business in this decision, with no regard for the many low-earning Equity members seeking to get by in an industry where the odds are too often stacked against them. This case simply sought the protection of regulation to limit fees to a “reasonable” level through existing regulations, but the implications of the judgment are large and the idea that Spotlight can’t be regulated is dangerous and has consequences for the wider economy.
“We have been overwhelmed by the positive messages from Equity members since the judgement and their encouragement to continue this campaign. Many are astonished that the judge has ruled that Spotlight ‘does not provide services for the purposes of finding persons employment’. Casting is our industry’s term for the exchange and supply of labour for performing in productions, and any actor will tell you that they subscribe to Spotlight to find work.
“Equally worrying are the sweeping implications for working people across the UK, who may now be left unprotected from up front charges by similar platforms elsewhere in the growing gig economy. It is for this reason that our Council – with the support of the TUC – has decided to seek an appeal of the judgment.”
Full text of the emergency motion passed at TUC Congress on Wednesday 10 September:
Congress:
i. Recalls the motion passed at 2024 Congress supporting the repeal of the unfair exemption for the performing arts and entertainment industries contained the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
ii. Recognises that performers and creative workers continue to pay significant fees to be included in casting directories - recruitment costs which should be borne by engagers.
iii. Notes the judgment laid down on 3 September by Her Honourable Justice Howells in the High Court, which dismissed a challenge to the charging practices of Talent Systems Europe (trading as Spotlight), the dominant casting directory in the UK entertainment industry, led by a group of Equity members.
Congress further notes:
i. The judgment of the High Court has worrying implications for working people across the UK, who may now be left unprotected from up front charges by similar platforms elsewhere in the growing gig economy.
Congress believes:
i. The judgment fails to acknowledge the imbalance of power in the entertainment industry while defending a status quo for casting directories at the expense of low paid creative workers.
ii. That the tax on hope shouldered by creative workers in a sector marked by insecurity and unpredictability must end.
iii. That this judgment opens the potential for exploitative practices for workers across the economy.
Congress resolves:
i. To support the Appeal against this High Court Judgment.
ii. To support Equity in convening unions to fight the economy-wide implications of this judgment.
