Union's attempt to categorize directory as a job placement service dismissed
In a landmark decision, the High Court in London has dismissed a claim by the actors' union Equity and eight individual actors seeking to have Spotlight, the UK's leading casting directory, declared an employment agency.
Judge Catherine Howells concluded that Spotlight "is not and never has been an employment agency." The ruling comes after a lengthy legal battle between the union and Spotlight, a digital subscription-based platform for actors and casting professionals.
Equity, which represents approximately 50,000 members who work in the performing arts, had asked the court to rule that subscription charges must not exceed the reasonable cost of producing and circulating the directory. The union also sought a series of declarations that Spotlight fell within the Employment Agencies Act 1973 and associated regulations.
However, Jane Mulcahy KC, representing Spotlight, rejected this characterization, stating that the platform is a subscription-based software service for performers to market themselves. Rebecca Tuck KC, representing the claimants, argued that Spotlight's service of hosting performers' profiles and facilitating searches by casting directors constitutes a 'work-finding service.'
The union's president, Lynda Rooke (known professionally as Lynda Hay), is one of the eight individual actors involved in the claim. She told the court that Spotlight is considered essential for anyone who wants to work in the industry. However, Judge Howells held that Spotlight's function does not fall under the statutory definition of an employment agency, as it does not provide services "for the purpose of finding persons employment with employers."
The claim was made on the grounds that Spotlight's fee structure should be subject to statutory regulation on fees and access. All the claimants are Spotlight subscribers, paying annual or monthly fees for their profiles to be listed on the platform.
The union had previously contacted the Employment Agency Standards Inspectorate (EASI) regarding issues with the Spotlight casting directory in earlier years, prompting EASI to investigate and respond by enforcing compliance with employment agency regulations. However, Mr. Hood, Spotlight's managing director, testified that the platform's main function is to provide a platform for actors to publish their personal details and work history.
The claimants pointed to Spotlight's 'Talent Scout' function, likening Spotlight's role to tutor agencies previously found by the courts to be employment agencies. However, Judge Howells compared Spotlight to directories such as Checkatrade or LinkedIn, stating that while they may lead to employment, that is not their purpose.
Spotlight also relied on evidence from former Equity officials who said the union had long accepted the service as a neutral directory. The union had also asked for subscribers to have full access to the platform under regulation 13(5) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Despite decades of oversight, regulators such as the Employment Agency Standards Inspectorate had never taken action against Spotlight. The judge's ruling marks a significant victory for Spotlight, which continues to operate as a crucial platform for actors and casting professionals in the UK.
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