Equity

UK actors union Equity will seek to appeal the High Court judgement that saw its claim against casting directory Spotlight thrown out last week.

General Secretary Paul Fleming said the Equity Council, which met yesterday, “has decided to seek an appeal of the judgment” with the help of the Trades Union Congress (TUC).

This application to appeal will now be submitted to the UK Court of Appeal. Equity had 21 days after the ruling with which to appeal and the appeal has been backed by the TUC at its annual congress today.

The ruling of the much-publicized legal case dismissed Equity’s claim that Spotlight should be classed as an “employment agency” and should therefore only be able to charge fees that would “be no more than a reasonable estimate of the cost of production.” 

All claims were dismissed by the High Court last week, which found Spotlight “does not provide services for the purposes of finding persons employment with employers or of supplying employers with persons for employment by them.”

After the ruling, Spotlight CEO Matt Hood accused Equity of “misleading” its members about the case and described the case as a “cynical, performative and expensive legal proceeding.” When the appeal is resolved, it is understood that the costs for the case will be published by Equity.

Hood offered an olive branch to Equity last week to co-operate on the issue but Equity is instead going down the appeals route.

“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,” said Fleming. “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. 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.”

Equity’s council met yesterday and voted to pursue the appeal and the union is also seeking a meeting with the government’s new employment rights minister.