Employment

Becci Collins
June 2025

As Glastonbury welcomed hundreds of thousands of festival-goers this summer, most of us were preoccupied with set times, glitter face paint, and avoiding sunstroke. But behind the scenes, it’s not just the headliners who deserve your attention. For founders, entrepreneurs, and anyone involved in running events—whether that’s a one-off music festival, tennis events involving copious amounts of strawberries and cream, or a touring experience—it’s crucial to understand who you’re hiring, how, and what that means legally.

The rise of the gig economy reshaped the employment landscape. It’s provided event organisers with the flexibility they require and permitted individuals to work on their terms. Employers have often assumed short-term or freelance roles offer a convenient solution to the running of large scale events. However, the gig economy is now itself being reshaped following legal challenges focusing on providing greater protection for those engaged in working arrangements that are a-typical. As the story of 700 Glastonbury litter pickers being dropped without pay shows, mishandling employment contracts can leave you with more than just bad PR. It can lead to legal claims, HMRC investigations, and serious reputational damage.

So, as you plan your next big event, here’s what you need to consider about employment status; and why simply calling someone a “freelancer” doesn’t make it so.

From Headliner to Hospitality: Who’s Working Your Event?

Every successful event is powered by a complex team: from the riggers and sound engineers, to brand ambassadors, hospitality staff, and social media teams. Whether you’re a founder outsourcing your activation at a major event, or you’re hosting something yourself, you’ll likely be engaging a mix of:

  • Employees
  • Workers
  • Self-employed contractors

While the Government has proposed removing the worker status, for now, we retain the three. Employees have the most comprehensive employment rights, while workers have fewer (for example, they do not have protection from unfair dismissal). Self-employed contractors generally only have the rights contained within their agreements with their client.

Each status comes with different rights, responsibilities, and risks.

Why Getting It Wrong Isn’t an Option

It might seem harmless to take a “casual” approach for short-term or seasonal work. But misclassifying someone, intentionally or not, can result in serious consequences. And in an era of rising scrutiny, your event might be over in a weekend, but the consequences could last much longer.

Some of the most common pitfalls include:

  • Misuse of zero-hour contracts
    In 2017, the organisers of the Glastonbury Festival were accused of hiring 700 workers from across Europe on zero-hour contracts to act as litter pickers, cleaning the site after the festival had ended. The workers were expecting two weeks of paid employment. However, they were fired two days later, leaving hundreds stranded in the Somerset countryside and out of pocket.
  • Unpaid holiday pay and rest breaks
    Individuals are often required to work back-to-back 18-hour days, which could breach the legal minimum requirement of rest breaks prescribed by the Working Time Regulations 1998.
  • Health and safety breaches
    The performing arts union, Bectu, surveyed 100 music festival workers. The results were worrying; half of the people questioned reported feeling unsafe at work, and a third reported having experienced a risk to their physical safety.
  • Non-payment of tax and National Insurance
    A nightclub owner is due to be sentenced this year for deducting tax and National Insurance from employees’ salaries but failed to pass the money on to HMRC.
  • Employment tribunal claims for unfair dismissal or unlawful deductions
    In March 2022, P&O Ferries sacked 800 seafarers without notice, replacing them with cheaper agency workers. Many of the affected employees filed employment tribunal claims for unfair dismissal and unlawful deductions from wages. The company admitted it knowingly broke the law by not consulting unions or employees, which is required under UK employment law.

It is important that organiser’s get employment status correct as:

  • There is implied obligation between employers and employees, such as the mutual duty of trust and confidence;
  • A number of core legal protections are only applicable to those classed as employees, such as unfair dismissal;
  • Only employees are covered by the Acas Code of Practice on Disciplinary and Grievance Procedures;
  • The tax position of an individual depends on their employment status, as determined by HMRC.
  • Employers are vicariously liable for acts done by its employees in the course of their employment, and
  • There are different implications for handling personal data, under UK GDPR depending on an individuals employment status.

So how can you avoid these pitfalls?

5 Key Tests to Get Employment Status Right

If you organise one off, or short-term events,  you must remember employment status still applies and you cannot determine the nature of your relationship with the individuals you engage by simply putting a label on it. Proactive steps must be taken to assess the employment status of employees, workers, and self-employed contractors. To achieve this, it’s important to consider how the relationship operates on a day-to-day basis:

1. Control

The greater the company’s control over individuals, the more likely they are to be considered employees. Are you deciding when, where, and how they work? If so, they’re likely not self-employed.

2. Integration

The more integrated they are into the company, the more likely they are to be considered an employee. Are they part of your team, required to use your branding, attend meetings, and follow company policies and procedures?

3. Mutuality of Obligation

Are you obligated to provide work? Are they obligated to accept the work you offer? If so, this would indicate an employment status.

4. Personal Service

Is the individual required to perform the duties personally rather than having the right to send a substitute?  This is a characteristic typically associated with employment.

5. Financial Risk and independence

The more financial risk an individual bears, the more it will indicate self-employed status. Are they using their own equipment, obtaining their own insurance, invoicing you, and handling their own tax?

To summarise, the more “yes” answers to the first four, and “no” to the last, the more likely you’re dealing with an employee or a worker and not a contractor.

So What Should You Do?

Assess the relationship honestly
Don’t rely on titles, look at how the role actually operates on a day to day basis. Use legal guidance or a checklist to help.

Put it in writing
Always issue the correct employment documentation which clearly reflects how the relationship operates in practice.

Provide a safe working environment
Think of rest breaks, access to toilets and water, and protection from excessive hours, these aren’t just “nice to haves”; they’re legal requirements. You have a duty to provide a safe working environment for all types of workers.

Budget for compliance
Proper contracts might cost more up front. But compare that to a tribunal claim, regulatory fine, HMRC fines and interest, and the reputational hit of being the next Glastonbury scandal.

The Encore: A Better Way to Power Events

In the post-pandemic world, festivals and live events face tighter margins than ever. But cutting corners on employment compliance is a false economy. The events industry depends on a passionate, skilled and often overworked workforce, treating them properly isn’t just the law, it’s good business.

If you’re a founder organising an event, outsourcing to an agency, or even hiring ad-hoc help for the summer season, take a moment to check your contracts. Because while you may not be the headline act, you’re responsible for the whole show.

Get in touch with Becci Collins if your employment contracts need reviewing.