A group of 27 art and history specialists at the National Gallery—known as the NG27—have triumphed at the employment tribunal in a case that shapes the definition of ‘worker’.
The case is thought to be a first for the public sector—previous cases on the meaning of ‘worker’ in the gig economy have involved private companies such as Uber and Deliveroo.
The tribunal held that the NG27, who gave talks, lectures and workshops at the gallery, were ‘workers’ rather than freelancers, and therefore entitled to benefits such as holiday and sick pay, maternity leave and pension. Collectively, the NG27 had amassed more than 500 years’ work at the gallery before losing their jobs in October 2017, and they paid taxes through the payroll as employees.
Employment barrister Adam Ohringer of Cloisters, who acted for the group, said: ‘This is a wake-up call to the public sector and, I am sure, the first of many cases in which public bodies will be challenged over the misclassification of their staff and the circumvention of employment rights.’
The NG27’s solicitor Marie van der Zyl, partner at Ince Gordon Dadds, said: ‘This is an important case for all those who have unconventional working arrangements.
‘The world of work is changing and there will be many individuals who are unsure of their status and rights. This case gives these individuals hope.’
Delivering judgment, Judge A M Snelson said: ‘It is unreal to describe the dealings between the parties as transactions in which the gallery stood as the “client or customer of any business transaction” carried on by any of the lead claimants.’
The NG27 also made claims of unfair dismissal, but these were dismissed.
Neil Tonks, legislation expert at MHR, said the case ‘is another example of how the evolving workplace and new agile models of working have left many workers seeking clarity about their employment status. It will be interesting to see if the rights are backdated as this could have serious cost implications for the gallery.’
A National Gallery spokesperson said the gallery ‘welcomes the clarity provided by this decision.
‘The Gallery has not “dismissed” anyone as part of this process. The majority of the people involved are still providing these services to us on the same basis as previously, whilst others involved in these claims have already accepted either employment or new contracts with us.
‘We have taken a deliberate choice to move towards a model that offers people secure employment, with additional pension and worker benefits.’
