Bloomberg said that a UK court ruled that the five musicians who have been sacked by the London producers of the hit play "War Horse" can sue for damages. Justice Ross Cranston had said in a ruling yesterday that the five wind-instrument players' reinstatement could interfere with the artistic freedom of the Royal National Theatre. This was an unfavorable ruling for the London producers, as they intend to secure a court order to rehire the musicians to use them in the play's productions ahead of trial.
"The claimants' prospects at trial for breach of contract by the National Theatre are strong. They have not persuaded me of the case to order interim relief pending trial, to reinstate a live band in the production of War Horse and to engage each of them as part of it," Cranston said.
Bloomberg said that Cranston's ruling reaffirms an employment-law principle which exists in the UK. Under that principle, employers in the UK cannot be forced to give individuals work.
Partner James Lynas in the employment law department at Winckworth Sherwood LLP said about Cranston's decision, "We don't compel somebody to work with somebody they don't want to work with. If the employer decides it's over, you can't go and compel your employer to allow you back in the door."
Royal National Theatre chief executive officer Nick Starr told the court at the "War Horse" band hearing that the profitability of the theater has been falling since it began its initial runs in 2007 until 2009. In March, half of the "War Horse" cast was changed and that production opted to not use live music. Bloomberg said that the musicians subsequently filed a lawsuit against the theater after the producers told them on March 4 that they will be fired on the 15th.
The Musicians' Union assistant general secretary Horace Trubridge said in a statement, "We are disappointed not to have been granted an injunction, which would have seen the ‘War Horse' band return to the show this week. However, the fight is far from over and we believe the band has an extremely robust breach of contract claim for the National Theatre to answer."
