Braine and others v The National Gallery
An employment tribunal has held that art experts who worked as educators for the National Gallery were workers when undertaking individual assignments. Between assignments they were neither employees nor workers. The Gallery’s argument that they were independent contractors in business on their account was dismissed as implausible by the Tribunal. As workers, the experts have certain rights, including that they would accrue paid holiday during assignments. The educators were however not employees as:
1) There was no penalty for declining work and the educators made themselves available for work that suited their expertise and personal commitments.
2) The Gallery did not acknowledge any obligation to provide work and did not go beyond assurances that it would offer as much work as it could and that it would seek to distribute assignments equitably.
3) The educators and the Gallery could cancel assignments at any stage and for any reason (although this rarely happened).