Is she for real?

[yorkie]

http://news.bbc.co.uk/1/hi/entertainment_and_arts/10277283.stm

A former Britain's Got Talent contestant has launched an employment tribunal claim against the show's creator and star Simon Cowell.

Emma Amelia Pearl Czikai, who suffers from cervical spine neuritis, sang on the ITV1 show last year and claims she was discriminated against.

She says producers knew about her condition and made a "fool" out of her. Mr Cowell has declined to comment.
A pre-hearing review has been scheduled for July.

The judge will then decide whether the claims, which also names Mr Cowell's production company Syco and Freemantle Media, should go to court.

Unfair conditions Ms Czikai said her condition causes severe neck pain and headaches.

When it comes to performing, she claimed the sound levels need to be balanced carefully.

"I'm very particular about the bass. I feel it in my neck and if I get that vibration, it aggravates the condition."
She first appeared on the show in May 2009, where she was seen singing You Raise Me Up in front of the three judges.

"They put me on at 10 o'clock at night. They had me standing outside in that cold snap immediately before I went on stage. That traps the nerves, so immediately that aggravates the condition.
"It's almost as if they wanted me to fail," she said.

She said in a fair environment she can sing "probably better than anyone else they've ever had on the programme" and she wants this case to help "protect contestants in the future".

Ms Czikai has insisted the conditions "were unfair" and asked producers not to show the footage, which they did not agree to.

Instead, they invited her to appear on the ITV2 spin-off show Britain's Got More Talent.

Ms Czikai said they did not do as agreed, which is why she has made the complaint.

She admits to signing a contract with the producers but argues it was "void the minute they breach the law".

Mr Cowell and Freematle Media have declined to comment.

[youtube]cPLWhmH5bDc[/youtube]

Hadn't seen this before, but she is absolutely bonkers! She demonstrates everything that is wrong with today's 'compensation culture'. And she has the cheek to say other people have "terrible" voices and are "out of tune". Apparently "a lot of people are making music who shouldn't be making music" - wtf? who is she to say that? As for when she went on about "if I got the sort of breaks they had I'd do equally well as them" she reminded me of Arnold J Rimmer.

Perhaps she could take a lesson from this lad...

[youtube]kDyPjS0hXRg[/youtube]

... in attitude as well as singing.

(Sorry the embedding doesn't work - you'll have to click the youtube link to watch)

 

[455driver]

Well I think she has a lovely voice, NOT!

 

[Greenback]

It won't even get to court. The judge will throw it out. Although I;m not a lawyer, there appears to be a great deal that is wrong with this claim legally. Apart from anything else, the claimant has never been employed by Simon Cowell or ITV, or the production company.

 

[Ivo]

Where's me BUZZER...?

 

[Geezertronic]

She is so up herself it's unbelievable. Wouldn't be so bad but she was utterly utterly terrible and has such an awful voice that it puts her to shame. She's obvioulsy tone deaf.

I do have the ability to move people. People have cried when they have heard me sing

It made the dog cry and made me want to move out of earshot

 

[90019]

Originally, this came up in February, and it was going to be decided if there would be an employment tribunal within 28 days, so I presume there isn't one happening.

This is from the blog of the head of the Employment team in my office;

Whilst the claim may very well fail for a variety of reasons, it does again highlight the fact that employers need to be careful when rejecting candidates as no continuity of service is required to raise a discrimination claim. It also serves as a reminder that an individual does not require to be an employee to raise certain types of claims and that employers need to consider the issue of "reasonable adjustments" during the recruitment process as well as during the employment relationship itself.

HTH

 

[rail-britain]

Is "Britain's Got Talent" not a talent competition with a prize?
If the claim is simply as a result of that, then it should be laughed out of court
However, she did request they did not show any footage which they then subsequently did use
She therefore has a valid claim

However if it is a "job interview", then that is different
Equally, a job interview may have been offered as a result of "Britain's Got Talent"

 

[Greenback]

I would assume that in auditioning for the programme, the applicant would have to sign a form expressly giving their permission for the production company to use any footage shot. Having signed such a form, anyone can ask the company not to use the footage, but they do not legally have a way of forcing them not to use it, nor would they have any legal right of redress if footage is used. This is a standard form of release, without which they would be unable to make a TV programme.

Although IANAL, I have some experience of the law and TV production, and it would be impossible to show any quiz show or reality show without such an agreement - can you imagine having to scrap an episode of The Weakest Link because someone was embarrassed about getting an easy question wrong and didn't want it broadcast?!!!

Looking at the BGT auditions as a job interview is an interesting view which I hadn't thought about. It's a valid point in so far as everyone who auditions is, it may be argued, effectively applying for the vacancy of a performer in the Royal Variey Performance. I guess maybe it's this aspect which is having to be considered by a judge.

 

[devon_metro]

However, she did request they did not show any footage which they then subsequently did use
She therefore has a valid claim

And I suspect the terms for auditioning on the show was that ITV has the rights to any footage filmed of her, on their part. Otherwise thats barmy. Imagine if all the people who didn't get past auditions refused to have footage shown, there would only be a couple of clips to put into the show!

 

[CarterUSM]

Another non-entity with delusional tendencies? That's a long queue

 

[Geezertronic]

Looking at the BGT auditions as a job interview is an interesting view which I hadn't thought about. It's a valid point in so far as everyone who auditions is, it may be argued, effectively applying for the vacancy of a performer in the Royal Variey Performance. I guess maybe it's this aspect which is having to be considered by a judge.

I wouldn't say it's a job interview, it's definitely more of a competition with the prize being the spot in the Royal Variety Performance.

Does she sue the National Lottery every week because her numbers don't come up?

 

[Greenback]

I wouldn't say it's a job interview, it's definitely more of a competition with the prize being the spot in the Royal Variety Performance.

Does she sue the National Lottery every week because her numbers don't come up?

True enough, but the legal professionals may see it differently - I doubt it will succeed but they do like scrutinising everything and looking for precedents!

 

[rail-britain]

It depends on what the original and subsequent contract definitions are

I only read the headlines of the original story, so wasn't sure if she had passed / failed the audition but been considered a separate contract for employment (as a few people have after going through BGT)

One of my relatives went through the BGT auditions here in Glasgow (2008 ), so had a look at their copy of the contract

All entrants have to sign their contract TWICE
They sign a declaration on entry, that they will participate in all promotion
They sign the second part of that declaration on exit which has two section such that any and all footage may be used OR that it may not be used

The contract also states that if the second part is NOT signed then they agree that all footage may be used
In effect, if the entrant does NOT want the footage shown, then they MUST sign the relevant section of the second part of the declaration

 

[ChrisTheRef]

It depends on what the original and subsequent contract definitions are

I only read the headlines of the original story, so wasn't sure if she had passed / failed the audition but been considered a separate contract for employment (as a few people have after going through BGT)

One of my relatives went through the BGT auditions here in Glasgow (2008 ), so had a look at their copy of the contract

All entrants have to sign their contract TWICE
They sign a declaration on entry, that they will participate in all promotion
They sign the second part of that declaration on exit which has two section such that any and all footage may be used OR that it may not be used

The contract also states that if the second part is NOT signed then they agree that all footage may be used
In effect, if the entrant does NOT want the footage shown, then they MUST sign the relevant section of the second part of the declaration

She failed with come considerable style! :P

 

[SouthEastern-465]

Well if she was planning to go on the show in the first place what did she expect? It's a show which is suppose to be funny, aswell as entertaining at the same time. Unfortunatley she was one of the 'Funny' acts and made a prat of herself not just to the audience but also to most of the nation who was watching. And I'm afraid its a TV program which is welcome to show what it wants, aslong as people volunteer to be shown by auditioning on the show.

She was one of the 'Funny' acts which people would want to watch, and by showing people making idiots of themselves its also earning revenue for the Broadcaster. I am also sure by auditioning for the show she had to sign some sort of 'disclaimer' and form so she could be shown on the telly if needed.

 

[ukrob]

She said in a fair environment she can sing "probably better than anyone else they've ever had on the programme" and she wants this case to help "protect contestants in the future".

I smell bulls**t. On both counts.

 

[Geezertronic]

There is also a clip of her on Britains Got More Talent where she sings a different song but still sounds tone deaf. Basically I could do better