National Gallery Faces Claims of Unfair Dismissal and Sex Discrimination

A group of 27 artists and art educators who have recently been dismissed by the National Gallery in London, are taking their case to an employment tribunal on the grounds of unfair dismissal. They also wish to be recognised as employees rather than freelancers, with all the rights that this would include.

The claimants, some of whom have worked at the institution for over 45 years, will argue that they should have been fairly consulted before being dismissed, are entitled to holiday pay, and have suffered both sex and age discrimination. The National Gallery, however, will attest that since the claimants were freelancers rather than employees or workers, they are not entitled to exercise any such rights.

The categorisation of the claimants, whether that be as employees or freelancers, will likely hinge on evidence as to how they were treated. The claimants’ lawyers plan to highlight that the Gallery used a PAYE system of payment, provided training, catering in the staff canteen, staff badges and periodical performance reviews, all of which they will argue amount to evidence that they were employees, in everything but name.

Challenging this, lawyers for the Gallery will point to the fact that the claimants all had different individual contracts, and offered their services to other galleries and institutions concurrently with working at the Gallery. Seven of the 27 claimants remain employed by the Gallery, although under reduced contracts, however the Gallery has stated that all the claimants were offered new roles within the restructured system.

This case is the latest advancement in the development of the ‘gig economy’ and the rights of those employed on flexible or non-conventional contracts. That being said, this case differs in that it is the first public sector dispute of this kind. Recent cases involving Hermes, Pimlico Plumbers and Uber have found in favour of classifying claimants as employed workers rather than self-employed or individual contractors, but judges have stressed that classifications must be made on a case-by-case basis.

Contact our Sex Discrimination Solicitors Hertfordshire, London & Beyond

If you think you may have been a victim of unfair dismissal or discrimination at work, contact our specialist sex discrimination lawyers today for expert advice.