Court Says Spotlight is a Directory, Not an Employer

A UK court has decided that Spotlight, a service actors use to find work, is a directory and not an employer. The actors' union, Equity, brought the case but lost. The court said Spotlight helps actors find jobs but is not an employer itself.
By Newsroom | UK News, Business |

A recent High Court ruling has dismissed a significant legal claim brought by the UK actors' union, Equity, against Spotlight, a prominent casting directory. The union had argued that Spotlight's fees were excessive and that the directory should be classified as an employment agency. The court's decision sides with Spotlight, finding it to be a directory service and not an employment agency, a ruling that could have had broad implications across various industries had it gone the other way.

Background of the Dispute

The legal action, initiated by Equity and eight of its members who also subscribe to Spotlight, centered on the fees charged by the casting directory. Spotlight, which claims to be used for casting 99% of UK productions in 2023, charges performers for access to its services. Equity contended that these fees, which recently increased, were "above what the law reasonably allows" and that Spotlight was exploiting actors.

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  • Timeline:

  • July 12, 2024: Eight actors from the Equity union file a High Court case against Spotlight.

  • Unspecified date between July 2024 and September 2025: Barristers for both sides present their arguments in the High Court.

  • September 3, 2025: The UK High Court delivers its judgment, dismissing Equity's claim.

  • Key Parties:

  • Equity: The actors' trade union representing approximately 50,000 members.

  • Spotlight: A long-standing casting directory used by the entertainment industry.

  • Judge Catherine Howells: Presided over the High Court case.

  • Eight Equity Members: Subscribers to Spotlight who co-filed the legal action.

  • Core Grievances:

  • Equity argued that Spotlight operates as an employment agency, not merely a directory.

  • The union claimed that Spotlight's fees were unreasonable and constituted exploitation.

Court Ruling and Immediate Reactions

The High Court, in a 19-page ruling, found in favor of Spotlight. Judge Catherine Howells determined that Spotlight "is not and never has been" an employment agency. The court concluded that the ambit and role of Spotlight's directory is "narrow" and that while it may lead to employment, its function is incidental.

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‘It’s like two divorcing parents’: how actors’ union Equity fell out with casting directory Spotlight - 1

"Today’s judgment from the High Court is disappointing for Equity’s 50,000 members." – Equity statement.

Spotlight's Managing Director, Matt Hood, expressed his organization's stance, stating that Spotlight had repeatedly sought dialogue to avoid costly legal proceedings. He further described the legal case as a "cynical, performative and expensive" action and an "enormous waste."

"Equity members should rightly question the decisions made in their name that have led to this unnecessary action." – Matt Hood, Spotlight Managing Director.

Equity has indicated that it is considering an appeal against the judgment, suggesting the dispute may continue. The union also noted that this case comes as it is taking on agents' commission, indicating broader efforts to address industry practices.

Arguments and Evidence Presented

Equity's legal challenge sought a declaration that Spotlight should be classified as an employment agency. This classification would subject Spotlight to different regulations regarding its fee structure. The union also demanded that Spotlight's prices reflect a "reasonable estimate of the cost of production and circulation" of performer information.

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‘It’s like two divorcing parents’: how actors’ union Equity fell out with casting directory Spotlight - 2

Spotlight countered that its legal action was "flawed" and that costs had risen due to an increased number of subscribers. Barristers for Spotlight emphasized that the company operates purely as a directory service. They also pointed to past instances where Equity had defended Spotlight's status as a directory, including in 2010 when considering updates to employment law. Evidence from former Equity officials suggested a long-standing acceptance of Spotlight as a neutral directory.

  • Equity's Position:

  • Spotlight is an employment agency.

  • Fees are unreasonable and exploitative.

  • Recent fee increases were a catalyst for the action.

  • Spotlight's Position:

  • Spotlight is solely a directory service.

  • Fees are justified by its operational costs and subscriber numbers.

  • Equity's legal action is unfounded and costly.

  • Equity's stance has shifted from previous agreements.

Implications of the Ruling

The High Court's judgment prevents Spotlight from being defined as an employment agency under UK law, thereby avoiding potential penalties, including prosecution and substantial financial penalties. Had the ruling favored Equity, it could have had "far-reaching implications across a plethora of industries," potentially impacting how similar online platforms operate and are regulated.

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Spotlight, a service described as the most popular website in the UK for actors seeking roles and connections, will continue to operate as a casting directory. The ruling validates its business model and fee structure, at least in the eyes of the High Court.

‘It’s like two divorcing parents’: how actors’ union Equity fell out with casting directory Spotlight - 3

  • Impact on Spotlight:

  • Confirmed status as a directory, not an employment agency.

  • Avoided potential regulatory action and financial penalties.

  • Validation of its fee structure.

  • Impact on Equity:

  • Disappointment for its 50,000 members.

  • Consideration of an appeal, indicating continued disagreement.

  • Potential setback in its broader campaign against industry practices.

Industry Context and Past Relationships

The judgment highlights a shift in the relationship between Equity and Spotlight. For approximately 100 years, the two organizations maintained a "successful working relationship." However, the ruling noted that it was "only recently that Equity has changed its stance." Equity's "Tax on Hope" campaign, which has drawn attention to Spotlight's rising subscription fees, is a key aspect of this recent divergence.

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Spotlight has maintained that its role is limited to providing a platform for actors to present themselves and for industry professionals to discover talent, without actively finding work for individuals. This distinction between a directory and an employment agency appears to be the central point of contention and the basis of the court's decision.

"Casting is our industry’s term for the exchange and supply of labour for performing in productions, and this judgment finds that Spotlight’s role in that is, at best, incidental." – Spotlight statement following the ruling.

Conclusion and Next Steps

The UK High Court has definitively ruled that Spotlight operates as a casting directory and not an employment agency, dismissing Equity's legal claim. While the union has expressed disappointment and is considering an appeal, Spotlight has claimed victory, emphasizing the financial and operational disruption caused by the litigation.

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The case underscores the nuanced definitions within the creative industries regarding talent platforms and employment. The court's interpretation of Spotlight's function as "narrow" and "incidental" to employment suggests a precedent for similar services, though the outcome of any potential appeal by Equity remains unknown. For now, Spotlight continues its operations under its established framework, while Equity must weigh its options following this significant legal defeat.

Sources Used:

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Frequently Asked Questions

Q: What did the court decide about Spotlight?
The court decided that Spotlight is a casting directory, not an employment agency. This means it helps actors find work but does not employ them.
Q: Who brought the case against Spotlight?
The actors' union, Equity, and eight of its members brought the case.
Q: Why did Equity take Spotlight to court?
Equity thought Spotlight's fees were too high and that Spotlight should be seen as an employment agency.
Q: What does this ruling mean for actors?
It means Spotlight will continue to work as it has been. Equity is thinking about appealing the decision.