17 MU members were supported in bringing claims which established that they were in fact employees and should have been consulted before being made redundant.
Whilst Nevis Ensemble is in administration, employees are able to claim compensation from the National Insurance Fund and will be able to recover around £47,000.
We are proud that we were able to stand with these musicians when they needed the support of the MU
Sam Dunkley, MU Acting Regional Organiser for Scotland and Northern Ireland said: “We are pleased that the Employment Tribunal Judgment has found in favour of the Nevis Fellows and awarded compensation for losses suffered and for a protective award for the lack of information and consultation. These musicians were dismissed with no notice or consultation process, leaving them in real financial peril and without the security they should have had.
“We hope that those engaging musicians take time to consider the impact of this finding and recognise employed musicians properly in their workforce, as well as following appropriate redundancy and consultation procedures when necessary.
“With our members able to recover some £47,000 we are proud that we were able to stand with these musicians when they needed the support of the MU.
“There are still unanswered questions about the failure of the Nevis Ensemble which led to this tribunal judgment and leaves genuinely self-employed musicians still owed thousands of pounds. We await the findings of the Office of the Scottish Charity Regulator's investigation with interest.”
The financial difference made by this award is significant
Daniel Kindell of Morrish Solicitors, who acted for the Fellows said: “All too often in cases where employers are insolvent, the duties to give prior warning and consult with staff before jobs are lost are flouted. It’s devastating for those who have to go through it, both emotionally and financially. I’m therefore delighted to have been able to assist these members in securing the compensation they deserve, with the unwavering support of the Musicians’ Union.”
Nevis Fellow and Musicians’ Union Steward Lynn Henderson said: “For emerging, early career musicians, the financial difference made by this award is significant; it has helped to keep the former fellows afloat and allowed us to continue performing, with many of us still bringing music to those who cannot traditionally access it.”