In a recent win for Equity members, Laganside small claims court has upheld a group of members' right to be paid for a day’s work, the fee having been initially withheld due to last-minute cancellation.
The dispute centres around a group of freelance workers who were booked by engager Jungle NI in October 2024 but were then informed on short notice that a day's work had been cancelled due to bad weather. The engager argued that since the work could not go ahead, there was no obligation to pay - ‘no work, no fee’.
However, the members, supported by Equity, pursued the matter in Belfast’s Laganside small claims court. They argued that in the absence of a cancellation clause in the contract the booking amounted to a binding agreement to pay for the day.
We encourage members to document all bookings and to seek advice where cancellation clauses are unclear or absent. The best course of action is always to have cancellation terms spelled out in your booking.
It remains our view, underpinned by this court win, that if work is agreed upon for a specific date and time, and no cancellation clause or notice period is included, the engager bears the risk of cancellation, even due to external factors such as bad weather.
This case highlights the importance of clear contractual terms but also strengthens the legal footing for members facing short-notice cancellations. It affirms that if there is no agreed mechanism for cancellation, payment is still owed.
Alice Adams Lemon, Equity Official for Northern Ireland, said:
"This is a significant win and a hard-fought win for our members and freelancers more broadly, given the engager's insistence to take the matter to court.
“Too often, engagers believe they can cancel without consequence to the detriment of our members pockets and well-being, thinking that holding out on doing the right thing will mean that members just give up trying.
“This decision makes clear that a commitment to a day’s work is just that - a commitment - and proves that our members can and will stand up for fair treatment."
This decision makes clear that a commitment to a day’s work is just that - a commitment - and proves that our members can and will stand up for fair treatment
Alice Adams Lemon, Equity Official for Northern Ireland
We encourage members to document all bookings and to seek advice where cancellation clauses are unclear or absent. The best course of action is always to have cancellation terms spelled out in your booking.
For advice on cancellation clauses and making your own contract, find our full guide here: Making your own contract | Equity
Takeaway for Members:
If you're booked for work and the engager cancels—especially at the last minute—even if there’s no cancellation clause in the agreement, you may be entitled to payment. Keep records and get in touch with your union rep if this happens to you.
