{"id":505,"date":"2011-02-20T00:11:46","date_gmt":"2011-02-20T00:11:46","guid":{"rendered":"http:\/\/www.mmcgrath.co.uk\/?p=505"},"modified":"2014-06-24T18:20:32","modified_gmt":"2014-06-24T17:20:32","slug":"agent-hemmings-gets-hammered","status":"publish","type":"post","link":"http:\/\/www.mmcgrath.co.uk\/?p=505","title":{"rendered":"AGENT HEMMINGS GETS HAMMERED"},"content":{"rendered":"
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\"\"<\/a>In a ground-breaking case an agent who has repeatedly engaged performers for roles and then refused to pay them has been prosecuted by the government\u2019s Employment Agency Standards Inspectorate (EASI) thanks to Equity members supported by their union.<\/h3>\n

Les Hemmings, of Solihull-based Hemmings Leisure Limited, will be familiar to regular readers of the Equity magazine as an agent who has been the subject of numerous cases taken on behalf of Equity members in recent years (see A History of Betrayals – below) and as an agent who regularly features in this magazine’s Special Attention list.<\/p>\n

With numerous cases outstanding and faced by Hemmings\u2019 continued refusal to pay debts even after court decisions, Equity advised two members to take a different route and to use powers of the recently established EASI to pursue the agent for payments for work they completed on his behalf. Amongst those making claims were comedian Tom O\u2019Connor \u2013 who was booked by Hemmings to perform at a corporate awards dinner \u2013 and Terry McGrath of the Eureka New Orleans Marching Jazz Band. Equity had already taken Hemmings through County Court hearings that found in favour of our members, but was frustrated by unsuccessful attempts to enforce the court\u2019s judgments.<\/p>\n

By enlisting EASI to pursue Hemmings in these cases, Equity members were able to take their cases to the magistrates\u2019 court. Despite the change of arena, the findings were the same. District Judge Nigel Cadbury said Hemmings was guilty of \u201cserious, deceitful, despicable behaviour and not the behaviour of an ordinary decent businessman.\u201d The court presented Hemmings with a total bill of \u00a37,500, including \u00a32,000 in court costs, \u00a33,500 in unpaid fees and a further fine of \u00a32,000.<\/p>\n

Pat McFadden, Minister for Employment Relations, welcomed the court\u2019s findings. \u201cCheating comedians and exploiting entertainers is no laughing matter. They have employment rights too and we will stick up for them. I am pleased to see that the individual responsible has been brought to justice for what is a clear breach of the law.\u201d<\/p>\n

But, while Equity organiser Tim Johnson who advised the memberd involved and has been pursuing Hemmings on behalf of performers for many years, was pleased with the outcome of the EASI court case, he expressed some disappointment that the court did not impose the maximum penalties at its disposal.<\/p>\n

\u201cThe court could have fined Hemmings up to \u00a35,000, which, considering the misery and concern he has caused many entertainers, would have been more than justified,\u201d Tim said. \u201cBut more importantly the court failed to take its opportunity to prevent Hemmings from working as an agent for up to ten years. I believe that the history of Hemmings\u2019 failure to pay County Court judgments and his repeated failure to pay our members would have justified the harshest of punishments.\u201d<\/p>\n

Tom O\u2019Connor, however, was pleased that using EASI had resulted in a judgment in his favour. \u201cI am delighted that this dispute has been resolved. I hope that this acts as a warning to any other promoters who are tempted to hold on to artists\u2019 fees.\u201d<\/p>\n

But Tim Johnson stressed that Equity was not yet finished with Les Hemmings and his company. \u201cWe will be watching to make sure that our members get the money the court has said they should be paid and we would warn other members to think very seriously before accepting work from Hemmings or his company.\u201d<\/p>\n<\/div>\n

A HISTORY OF BETRAYALS<\/h3>\n

Hemmings\u2019 company was first taken to court by Equity in February 2006 on behalf of a member pursuing payment for an engagement undertaken but not paid for. Hemmings undertook to repay the fee at \u00a320 per month, but after just one instalment, the payments stopped.<\/p>\n

In May 2006 Equity represented a member owed over \u00a31200 for part payment of a booking. Once again Hemmings offered to pay \u00a320 per month (which would have taken over five years to pay off the outstanding debt). Given the union\u2019s previous experience this proposal was refused and further proceedings started.<\/p>\n

In March 2006, Hemmings Leisure booked another Equity member, this time refusing to pay them after the successful completion of the engagement. In May half the fee was paid but no more money was received. A summons was issued in August 2006.<\/p>\n

\u201cHemmings Leisure, in their written terms, promise payment will be made within 28 days of the performance, but they consistently breach the terms of their contract,\u201d Tim Johnson, Equity\u2019s Midlands Officer told this magazine. \u201cWhen Equity took them to court, Mr Hemmings admitted to having 12 other judgments against him, a statutory demand from another entertainer and four other claims against him from creditors including artists. This is a company that habitually fails to pay peformers.\u201d<\/p>\n

Equity would like to hear from entertainers who have outstanding payments due from Hemmings Leisure as we suspect there are other claims that have not come to our attention.<\/p>\n

(Originally published in Equity <\/em>magazine, Spring 2009. \u00a9 Equity)<\/h5>\n
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    This story was picked up by BBC’s Watchdog – you can view their piece here.<\/h4>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

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