Touring theatre legal ruling ‘ensures equal treatment’ for actors

A touring theatre company has welcomed a legal ruling that contracted actors involved in its productions are ‘workers’ and entitled to certain legal protections, saying it will ensure uniformity in the treatment of actors across the theatre sector.

As reported by Arts Professional on Monday (21 October), M&M Theatrical Productions, based in Ayr, is facing claims relating to working hours and pay from two actors who were contracted to work for them.

A preliminary hearing was held to determine whether the claimants were, as they maintained, ‘workers’ for the firm or ‘self-employed’ as the theatre company insisted, to determine whether the claims could proceed.

Employment judge Doherty ruled that, taking into account the degree of control which the respondent exercised over the claimants and the requirements placed on them, they should be regarded as ‘workers’, with their claims now set to be considered at a further hearing.

A statement issued by M&M Theatrical Productions said: “In a landmark decision, the tribunal ruled that our performers are classified as workers, influenced by the extensive training, support and nurturing environment we provide to our talented actors.

“We welcome this decision, which now ensures uniformity in the treatment of actors across the touring theatre industry.”

The firm said that by offering self-employed contracts, it had aimed to give performers “the financial flexibility of self-assessment for tax purposes, while ensuring the security of guaranteed contracts and a supportive, collaborative work environment” and has now reviewed its contractual approach.

‘Committed to fair pay’

However, it has said it will contest the claims being made against it

“Regarding allegations of working time breaches, we want to clarify that M&M Theatrical Productions Ltd has always adhered to national minimum wage standards.

“We have consistently paid our performers a fair wage for all hours worked, and any suggestion otherwise is unfounded. We are confident that our records will substantiate our commitment to fair pay.

“As this landscape continues to evolve, we believe it will strengthen our theatrical community and enhance the quality of our productions. We encourage our fellow [theatre in education] companies to engage with us in ongoing discussions to navigate these changes together.”