Reality Show is not an Employer

I recently reported on the case of Emma Amelia Pearl Czikai, a contestant on Britain’s Got Talent who issued a claim of disability discrimination against Simon Cowell, his production company and Freemantle Media at Central London Employment Tribunal.

Emma’s case drew interest from employment lawyers because contestants of a reality TV show are technically not considered employees. Emma claimed she was entitled to bring her claim and Britain’s Got Talent could be classed as her employer, because the auditions were a recruitment process in which candidates competed for short-term employment contracts for a road show.

Luckily for the show’s producers and Simon Cowell, the London Central employment tribunal have dismissed her claims. The grounds for dismissal appear to be because she had issued her claim out of time and most importantly they determined that the production companies and Simon Cowell could not be her employer.

This may draw a line under this case however this is unlikely to be the end of these type of claims. A second contestant of Britain’s Got Talent, Phillip Grimmer, has already issued claims of discrimination on the grounds of sex, age, disability and sexual orientation after he was voted off the audition stages. Whilst the French Supreme court determined in June 2009 that three contestants of a French version of the reality television show “Temptation Island” were employees.

If we apply the test to determine employment status to the reality television show scenario;

• Does the show have control over the contestant i.e. working hours, place of work, supervision and provision of equipment ?
• Is the contestant’s and show’s intention to create an employment relationship?
No doubt contestants are required to sign a contract with producers setting out what is expected of them, their hours, place of work, conduct and the show’s right to terminate the agreement if there is a breach.
• Is the show obliged to provide work and the contestant obliged to accept the work?
Often winning contestants will expect a prize consisting of a performing contract.
• Is the contestant required to provide the work personally or would the show accept a substitute?
Mostly contestants work for the show in their personal capacity rather than as a business.
• Does the contestant receive any remuneration for the work?
A number of reality shows compensate contestants with a minimum amount to cover their outgoings and expenses.

It may be soon that UK shows have to make the decision to class their contestants as employees or workers or risk a Tribunal making the decision for them.