Equity and eight union members have today, Friday, won permission to appeal the recent High Court judgment which found against the union’s case that casting platform Spotlight should be regulated. While there is no automatic right to appeal, Equity’s case has been granted on grounds that it has “a real prospect of success” and “is of some general importance”. It will now go forwards to the Court of Appeal.
Equity has welcomed the news, saying it’s an “important step for the thousands of actors who rely on Spotlight to find work” and described the issue as being about “fair access to an industry which is notorious for placing barriers on entry.” The case rests on defining Spotlight as an employment agency, which is defined in law as “providing services for the purpose of finding persons employment with employers or of supplying employers with persons for employment by them”. The judgment in September ruled Spotlight does not do this, but this will now be appealed.
In my view, the Appellants’ submissions on that issue have a real prospect of success. The issue, which is of some general importance, does not appear to have been the subject of previous decision by the Court of Appeal and should be considered by this Court
Court of Appeal judge, the Right Honourable Lord Justice Singh in documents granting permission to appeal.
Commenting, Equity general secretary Paul W Fleming, said:
“We welcome this decision and will pursue the appeal with and on behalf of the thousands of Equity members who know that the main purpose of Spotlight is to seek and to find work.
“This case is about fair access to an industry which is notorious for placing financial and other barriers on entry. Spotlight is a casting platform and casting is the entertainment profession’s term for hiring labour and we want to see this for what it is: an employment agency which should be regulated, including its fees to work-seekers.
“After the judgment, we were inundated with messages from members who were incredulous at the idea that Spotlight is not an employment platform. The permission to appeal is an important step for the thousands of actors who rely on Spotlight to find work and we are proud to take this case with and on behalf of our members.”
In granting permission to appeal, the Court of Appeal judge, the Right Honourable Lord Justice Singh, remarked: “The main ground is Ground 1, which concerns whether the Judge was wrong to conclude that the Respondent is not an “employment agency” within the meaning of the relevant legislation. In my view, the Appellants’ submissions on that issue have a real prospect of success. The issue, which is of some general importance, does not appear to have been the subject of previous decision by the Court of Appeal and should be considered by this Court.”
Dates for the appeal are yet to be received.
In September, the Trades Union Congress unanimously supported Equity’s appeal because of the implications for working people across the economy. The permission to appeal acknowledges the ‘general importance’ of this landmark case, underscoring the significance of Equity’s action.
In the application to appeal, Equity argued:
“’Spotlight’ provides a service –by the means of providing information – for the purpose of performers finding employment with employers. It does this by providing hirers – casting agents and directors – with information about the performers. Quite simply, performers pay to have their profile included in the directory so that it is available to casting directors when casting for productions or agents when looking for client. It is therefore an agency within the Employment Agencies Act, and the Conduct Regulations.
“The justification for this conclusion by HHJ Howells is that Spotlight is a “marketing tool to promote…the performer…”. This is however the essential element of a service intended to help a person or person find employment.”
The case was heard at the High Court on 16 July and the judgment was received on 3 September, with an application to appeal lodged later that month.
