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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My child is contracted to perform in an opera, she was chosen

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my child is contracted to perform in an opera, she was chosen from an audition. at the first rehearsal she went shy and the director sent her off and replaced her. can they do this
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
What does her contract say on the point?
Expert:  Ash replied 12 months ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?Alex
Customer: replied 12 months ago.
contract is brief, stating the terms re consent, medical questionnaire, school permission slip etc, and amounts to be paid to my daughter per performance. the final sentence being ....please sign and return the enclosed letter to confirm your acceptance of these terms
Customer: replied 12 months ago.
she has essentially been sacked by the director with no contact with myself, she was accompanied by a chaperone, she is upset understandably and i have rearranged work for this and had a huge wrangle with school re agreeing time off for rehearsal, so i fulfilled my end of the deal!
Customer: replied 12 months ago.
where do i stand, i am not sure what to do and her ballet school havent come across this before
Customer: replied 12 months ago.
i might add the director has a fierce reputation and my little girl is very used to performing and is in another production for a different company this weekend, so her capability is not in question
Expert:  Jo C. replied 12 months ago.
Is the contract silent on the point of dismissals?
Customer: replied 12 months ago.
yes absolutely no mention of a dismissal
Customer: replied 12 months ago.
there is nothing on there website either, no policies and i called earlier and answer phone stated 'closed until march 29th' then cuts off?? we are now the 31st, it is a large opera house in east sussex called Glyndebourne
Customer: replied 12 months ago.
They are a large opera company, called Glyndebourne in east sussex and have no policies on their website, answer message cuts off after telling you they are shut til 29th march!!
Yes no mention of dismissals, sorry not all my answers seem to send
Expert:  Jo C. replied 12 months ago.
The contract is fairly unhelpful and incomplete then.They will have rights of removal for certain situations. This will be a complaint effectively about performance which is a lawful reason to remove.Whether it is a proportionate reaction is another matter of course. It may not be.
Customer: replied 12 months ago.
how to i determine what is lawful reason to remove, a six year old thrust first on stage then whipped off, how does equal ops come into this re considering the age of the child?
Expert:  Jo C. replied 12 months ago.
But ultimately they can't be forced to continue with her if they refuse.
Expert:  Jo C. replied 12 months ago.
Equal opps isn't really relevant here. there isn't an issue of unlawful discrimination.
Customer: replied 12 months ago.
no thats ok, but i applied for a licence, signed their terms, she was expecting to be part of this and paid, she is distraught. i dont want her part of it with that kind of director but want to complain and dont really know where i stand and as you say the contract is vague and unhelpful. should i ask what their rights of removal are? or am i wasting my time
Customer: replied 12 months ago.
its really the treatment of her and the willingness to dismiss so quickly that i take issue with
Expert:  Jo C. replied 12 months ago.
Yes, I understand it is angering.It doesn't mean it is actionable though I'm afraid.
Expert:  Jo C. replied 12 months ago.
In truth, I suspect a court would say that a bad performance is a legitimate ground to remove a person I'm afraid. It depends how bad the performance was.
Customer: replied 12 months ago.
she just clammed up, i am fine with that and dont want action but some really good advice as to what action they should have taken to support a worthy complaint that doesnt sound like an irrate mother, ie are they duty bound to have let me know on dismissal?, why is the contract so weak, and what is their policy on employing children, why dont i have a copy and why is it not available on website alongside other relevent policies, are they liable to pay her now we have signed on the dotted line and should they take responsibility to consider her well being whilst in their care
Expert:  Jo C. replied 12 months ago.
Not really.The contract is weak because they didn't get it drafted properly.They don't have to pay her unless she performs.Acting parts give rise to very little security as do most forms of temporary contracts.The weakness in the contract doesn't take either side any further forward because it doesn't say that they cant do this and a bad performance is a reasonable ground
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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Customer: replied 12 months ago.
ok but 1st rehearsal, give 5 mins then screamed at, surely they have a duty of care
Customer: replied 12 months ago.
i cant say nothing its appalling treatment, and having effectively signing her over to them would surely mean they are bound to contact me
Customer: replied 12 months ago.
signed rather!
Expert:  Jo C. replied 12 months ago.
You can always complain to them. It would be worth a complaint.It is rather surprising they wanted to remove her on the first occasion.

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