Festival insists actors knew 'we don't have money'

The Cambridge Shakespeare Festival's director said everybody working on the performances were volunteers

The director of an arts festival that lost a tribunal case for treating actors as "volunteers" rather than "workers" said those involved knew it was not a paid job.

David Crilly said the Cambridge Shakespeare Festival, where he is artistic director, was an "artistic endeavour of cultural value" and the actors were told "we don't have any money".

An employment tribunal found that two actors involved in 2022 should have been entitled to the National Minimum Wage after working six-day weeks whilst part of the open-air festival.

Equity, a trade union for the arts, said the tribunal took a "clear view" that the actors were not volunteers.

A spokesperson for the union said: "The expectations and obligations placed upon the performers at the Cambridge Shakespeare Festival were not those of volunteers but amounted to an employment relationship."

'Exploitative business model'

The tribunal found that two performers - Kit McGuire and Elizabeth Graham - were given £50 and £150 per week towards their expenses, but were expected to work set hours, and act exclusively for the festival.

The tribunal heard the festival had a budget "in excess of £250,000".

Mr McGuire said the festival was akin to an "exploitative business model" and left during the season, while Ms Graham was dismissed.

The tribunal ruled Ms Graham was dismissed "because, ultimately, she chose to inform a director... she had Covid and not [Dr Crilly]."

Dr Crilly said neither of the two actors "ever expressed any concerns about money" during auditions, rehearsals or performances, but "only afterwards".

He said "nobody is paid" for being involved in the festival, including himself, claiming to have lost money during a year of bad weather.

He described the action being taken against him as "vile" and "vindictive".

The spokesperson for Equity said: "[We] will always stand up for artists and performers to ensure that their basic legal rights are upheld and proper value placed on artistic work."