Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEmployment tribunalsWorking Time Regulations

Employment rights for reality TV contestants

by Personnel Today 7 Apr 2008
by Personnel Today 7 Apr 2008

The Apprentice must be the most famous 12-week interview process for any job in the country. Each week, one candidate is rejected, but in saying the famous phrase: “You’re fired”, does Sir Alan Sugar or the show’s producers actually leave themselves open to employment tribunal claims?


To date, no employment law claims have been brought by reality TV contestants in the UK. But in France, following the reality television show l’Ile de la Tentation (Temptation Island), some participants commenced proceedings alleging that their employment rights had been infringed by working overtime. The producers denied that they were employees, but the Paris Appeal Court ruled that the participants should be treated as production company staff with full employment rights. This led to three of the contestants being awarded sums of around £20,000 each in connection with their appearance on the show.


They had already signed a contract under which they received €1,525 (£1,207) for an advance payment on merchandising rights. The court considered that this should be treated as a salary. With France applying a 35-hour working week, it also ruled that they were entitled to an award in respect of overtime, as they had effectively worked 24 hours a day during the entire 12-day filming period. Additional payments were due for not being given a holiday, unfair dismissal when their appearance ended, for the wrongful termination of their contracts, and for being illegally employed.


A similar case was brought in the US, but in this instance, the proceedings were brought by an applicant who never even made it onto the reality TV show. The programme in question was the American version of The Apprentice. The claimant, Richard Hewitt, brought proceedings against property tycoon Donald Trump over alleged age discrimination when his application for the show was rejected. He claimed Trump and the show’s producers had violated the USA Age Discrimination in Employment Act on the grounds that his application had been rejected because, at 49, he was considered too old. It has since been reported that the legal proceedings have been the subject of a settlement, the terms of which remain confidential.


So, what are the potential claims that reality TV candidates or rejected candidates could bring in the UK? Assuming for a moment that there was an employment relationship, then they would clearly have insufficient service to bring a claim for unfair dismissal. However, there are many employment rights that require no qualifying period of service, meaning that in theory, discrimination complaints could be brought by applicants, ’employees’, or even former ’employees’.


Employers are most at risk of discrimination complaints during the recruitment process. Failed applicants have much less to dissuade them from commencing litigation as they have no employment relationship to continue, no loyalty to the business or to individuals, and no reference to worry about. They also tend to feel embittered towards the employers in question.


Additionally, there are numerous employment rights that can be relied on from day one of an employment relationship. Take for example the Working Time Regulations 1998, which set out the maximum average weekly working hours, minimum rest breaks, daily and weekly periods and entitlements to paid leave.


Of course, The Apprentice is not a real job situation. It is merely a television show created to entertain the viewing public. Hence, unlike in France or the US, employment-related claims are completely inappropriate. All the candidates in the UK version know that they are taking part in a show, and their participation is more to do with craving the fame of being on television than wanting a real job. As an entertaining television show it has been highly successful, but if any claims are brought before an employment tribunal in the UK, they are likely to be given very short shrift.


Key points


• In the UK, discrimination claims may be brought at the recruitment stage
• Most employment rights apply from the first day that employment begins
• Employment protection is in place to protect workers, employees or other individuals at work or applying for work
• However, employment legislation is not aimed at protecting participants in game shows or taking part in other entertainment.


By Guy Guinan, an employment law partner, Halliwells

Avatar
Personnel Today

previous post
Weekly dilemma: Suspected illegal workers
next post
MSDs and stress: Continual Professional Devlopment quiz answers

You may also like

One in five employers planning ‘no jab no...

19 May 2022

BNP Paribas banker accused of ’emotional terrorism’ wins...

19 May 2022

Bald move: Tribunal was right in sex-related harassment...

17 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Employment tribunal: use of word ‘bald’ can amount...

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

Solicitor unfairly dismissed during cancer recovery awarded £17k

6 May 2022

PwC staff to benefit from extended summer hours...

5 May 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+