Claimant v Dr D. Crilly and Ms J. Burns t/a Cambridge Shakespeare Festival

Outcome

Facts

The claimant was an actor who performed in the Cambridge Shakespeare Festival in 2024 for two months. She was provided with free accommodation and £50 per week towards expenses but received no wages. The Festival was organized by the respondents on an unpaid, voluntary basis, with a budget of around £250,000 funded by Dr Crilly. The claimant was subject to rehearsal schedules, artistic direction, and expected to participate in performances, strike duties, and leafletting, but was also working as a solicitor during the Festival period.

Decision

The tribunal dismissed all claims, finding that the claimant was not a 'worker' within the meaning of section 230 of the Employment Rights Act 1996. The judge held that the essential component of 'work' is an expectation of remuneration beyond mere expenses. Since the claimant's participation was expressly unpaid and voluntary, with only accommodation and a £50 weekly contribution to expenses provided, no contract for 'work or services' existed. The judge distinguished this case from a previous tribunal decision involving the same Festival.

Practical note

Legal authorities cited