Employment Solicitors in Cheshire

Cases against National Gallery heard at employment tribunal.

A total of twenty-seven educators and art lecturers who have allegedly been sacked by the National Gallery are claiming unfair dismissal and seeking recognition as employees rather than freelancers. 
 
Lawyers representing the claimants will argue in a preliminary hearing that they suffered age and sex discrimination and should have been consulted and entitled to retrospective holiday pay. 
 
James Heard, the longest-serving claimant who worked there for 45 years, said: "We are standing up for fair treatment for staff in the arts, and to protect the teaching expertise at the heart of our museums. Our national galleries are something the UK is extremely proud of and it is vital that the educators who hold the collective knowledge of these places are properly protected."
Recent test cases have related to private sector firms such as Uber, Deliveroo and Pimlico Plumbers. 
 
The National Gallery said: "It is our understanding that the claims have arisen out of the Gallery's wish to change from offering ad hoc work to offering more secure employment, with additional pension and worker benefits. This change reflects the Gallery's strategy to develop our programmes to increasingly reach new audiences and make the most of digital technology to widen our engagement."
 
The gallery insists that they are freelancers despite being paid through a taxed PAYE scheme, trained them, subjected them to regular appraisals and provided offices and a canteen. 
Seven of the twenty-seven are now working on less well-paid casual contracts, the rest have allegedly, been dismissed. It is said that their treatment is typical of many in the underfunded museum and galleries sector. 
 
A Crowdfunding page has been set up by the claimants to raise funds for their legal claim. 
Jo Lewis, who has worked for the National Gallery for 16 years, said: "We are asking for our longstanding contribution to the National Gallery to be recognised and valued. We are asserting our rights as employees, and at a minimum as 'workers'."
 
The National Gallery also stated: "The entire group were consulted for their views together and individually over the change for a period of three months between October 2017 and January 2018. These jobs were offered to all our existing freelance service providers last year. We still have vacancies which are available, although unfortunately not all of the group have expressed an interest in these.
 
"The Gallery is not yet in receipt of the details of each complaint but believes that we have acted both lawfully and fairly in changing our service provision to one of secure employment."
 
If you require employment law advice, then please contact our team.
 

Blain Boland 

Employment Solicitors

Cheshire

01606  834 824 



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