Ms A Taylor and Ms A Fountain v M&M Theatrical Productions Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107215/2023 & 4107216/2023 5 Held in Glasgow on 16 May and 10 & 11 September 2024 Employment Judge L Doherty Ms A Taylor First Claimant 10 Represented by: Mr J Kiddie - Counsel 15 Ms A Fountain Second Claimant Represented by: Mr J Kiddie - Counsel 20 M&M Theatrical Productions Ltd Respondent Represented by: Ms D Maguire - 25 Consultant

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claimants are workers for the purposes of the Working Time Regulations 1998, the National Minimum Wage Act 30 1989 and the Employment Rights Act 1996; that the Tribunal has jurisdiction to consider the claims presented by the claimants, which will now proceed to a final hearing.

REASONS

1. This was a Preliminary Hearing (PH) to consider the issue of the claimants’ 35 employment status, in particular if they are ‘workers’. Mr Kiddie, counsel appeared for the claimants and Ms McGuire, Consultant appeared for the respondents. 4107215/2023 Page 2

2. The second named claimant had presented a claim under the Equality Act 2010 (the EQA) however, Mr Kiddie confirmed that this has been withdrawn. The remaining claims are presented under the Working Time Regulations 1998 (the Regulations), the National Minimum Wage Act 1989 and the 5 Employment Rights Act 1996 (the ERA). In order for the tribunal to have jurisdiction to consider such claims t...