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Legal Eagle

Overseas

Q: Breach of contract

I am a teenage performer who answered an advert for podium dancers for a European (EU) nightclub. I received a contract from the agent/booker concerned, stating that I would only be required to do gogo dancing as opposed to striptease or full strip but not signed by the club management. When I arrived, I was taken by car by three men to a sleazy strip club and then on to my accommodation - a disgusting room. I was so frightened that I fled home. I spent £200, and it is apparent that the booker responsible had deceived both me and the club. Do I have any redress?

A: There are statutory regulations which lay down strict rules to be observed by 'contractors' who supply workers to work outside the UK for a hirer who has no establishment in the UK. These regulations prescribe detailed information to be given in advance to the worker, and require the 'contractor' to obtain a written statement through a lawyer approved by file British Consul or from some other trustworthy person that, in his opinion, the work will not be detrimental to the interests of the worker. The contractor or hirer is also required by the regulations to pay the worker's return fare in case of non-commencement or termination of the work. The regulations would not, however, apply if, for example, both hirer and contractor are based abroad and the advertisement appeared in a foreign journal. I cannot tell from what you say whether the regulations have been breached if they do apply.

You can hardly complain that you were transported by car rather than public transport, or that you were met by persons representing the club which was to employ you. The fact that you were accompanied by two other men apart from the driver does seem a bit heavy-handed, but there is no suggestion that they molested you, and there may be an innocent explanation for their presence. You can also hardly complain that you were taken to the club and then on to your accommodation which is no more than you would have expected. Your description of the club as "a sleazy strip club" - and of your accommodation as "disgusting" may well be justified, but is open to challenge as a matter of subjective opinion. If you had the presence of mind to take photographs it would be helpful, because if you are going to pursue a case against the agent at long distance from the premises, you will need hard evidence to support your allegations. You say that you were "frightened", but the defence is likely to be that you had no reason to be frightened, that no one assaulted you and that you were able to return home unhindered. You say that the agent/booker deceived both you and the club, which indicates that you regard the club as an innocent party, but how do you know the agent deceived the club, or that you would have been required to do more than go-go dancing. You do not say that you have any evidence to this effect.

The fact that the written contract was unsigned is not necessarily fatal, but if you want to rely on it you will need to show some oral agreement between you and the agent/booker to the effect that you both agreed, impliedly if not expressly, to proceed on the basis of the terms set out in it. In an English court, the onus will be on you to prove your case on the balance of probabilities.

It will be apparent front the above that I need a lot more information from you in order to express a definitive opinion, including a sight of the original advertisement and the contract to which you have referred. If the regulations do not apply or have not been breached, you may still have redress if you call prove that the reality was less than what you were expressly or impliedly promised. Even then, it will be prudent to weigh tip your financial loss against estimated legal costs before taking the undoubted risk of going to court.

As a general rule, it is desirable always to be very careful about taking jobs of this nature at an overseas location. If you are faced with the same situation again, you should try to take up references on the agent and the club. You should also ask for internal and external photographs of both club and accommodation, and when you set off for the foreign location you should leave the photographs or a copy with a friend in the UK as evidence in case of need.

You should also ensure that your contract gives as much detail as possible in relation to the type of performance (e.g. strip, semi-strip or otherwise), standard of accommodation, remuneration and so forth. If you do not get in writing all the information you reasonably ask for, then do not take the booking, or at least ensure that you get a substantial advance payment. A mobile telephone would be a useful precaution, as would be some carefully-noted emergency telephone numbers such as that of the nearest British Consulate and police station. If you do your homework properly you should not have a problem.

First published April 1999