Equity’s Guide to combating Low Pay & No Pay work in the entertainment industry
www.equity.org.uk
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Low and No pay is a serious problem for Equity members. We’re actively tackling it because we believe a better, fairer, entertainment industry is possible. WHAT’S THE PROBLEM? Low and no pay is a serious issue in sections of the entertainment industry. Equity’s latest survey of members’ pay showed almost half of respondents earned less than £5,000 a year from their professional work, and half had also taken some unpaid work that year. A recent report by the Society of London Theatre also found 80% of London fringe actors were paid nothing or below the national minimum wage. Aside from theatre, Equity members working in student and independent film, TV, music videos, dance, singing, and
The Society of London Theatre found 80% of London fringe actors were paid nothing or below the national minimum
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modelling, have all faced requests to provide their professional services for low or no pay. We believe this is an unfair and unsustainable trend, which is damaging the industry. Our members are skilled professionals who deserve to be paid for their work, just like workers in every other industry. Diversity in the arts is under threat if the status quo isn’t challenged – our student members tell us they are expected to work for nothing for years after graduating to get experience and exposure, which risks pricing ordinary people out of a career in the industry.
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ISN’T UNPAID WORK ILLEGAL? Yes! The National Minimum Wage Act 1998 makes it illegal to pay adult workers less than the minimum wage, apart from a small number of exempt employers such as registered charities. There are no special exemptions for the entertainment industry. The right to the minimum wage depends on being a ‘worker’ in employment law terms. That means there will be circumstances where Equity members are not covered, such as certain types of freelance contractors or participants in genuinely collaborative, patrmership work, where the nature of
The National Minimum Wage Act makes it illegal to pay adult workers less than the minimum wage, apart from a small number of exemptions such as charities
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ORGANISING: We have appointed a full-time Industrial Organiser dedicated to tackling low and no pay. This is a major commitment of resources, and means for the first time Equity members have a point of contact and specialist representative when they’re facing problems with low and no pay. Equity members can contact the Organiser for advice at any stage in a low or no pay job, which often results in an improvement in their terms and conditions.
minimum rates in our main agreements. That’s why we have a range of agreements which allow producers to pay realistic rates, starting at the minimum wage and holiday pay, for a limited time while they develop their business.
PROMOTING EQUITY CONTRACTS: Equity accepts that fledgling producers can find it impossible to meet the
Equity Student Films Contract, Non-Commercial Use Contract and Very Low Budget Film Contract
the structure means nobody is technically working for anyone else. Equity members are entitled to free expert legal advice so always contact us if you are in any doubt.
Equity Fringe Agreements exist for performers, stage managers, directors and creative team FILM
Using Equity agreements gives our members the confidence they can take a job knowing their basic rights are protected by their trade union. They also give employers the confidence that they are operating legally, are able to work with the highest level professionals, and have a structure in place to deal with any problems that might come up during the production.
WHAT IS EQUITY DOING ABOUT IT? We are determined to fight for our members basic employment rights, and tackle the many problems that have caused the proliferation of low and no pay work.
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THEATRE
ENFORCING LEGAL RIGHTS: Equity members can rely on their trade union to defend their legal rights,
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GET INVOLVED: IF YOU ARE NOT IN EQUITY - JOIN TODAY wherever they are working. We offer full legal support, including advice, access to solicitors and barristers, and payment of all legal fees. Any member who feels their right to be paid for their work has been disregarded should contact Equity today to discuss the possibility of making a claim for payment under the Minimum Wage Act in an Employment Tribunal. In many cases this will result in an out of court settlement, without actually having to resort to a tribunal hearing. EDUCATING AND ENGAGING EMPLOYERS: With unlawful and substandard practices so common, and a lack of quality industry advice services, it is not surprising so many employers are confused about how best to do things, especially in the early stages. We want to help avoid any unpleasant and expensive problems, so we work with employers to show them the best ways of working, and develop into leading examples of industry good practice. It’s good for them, and good for our members. MAKING THE CASE FOR THE INDUSTRY: Equity consistently lobbies
We use our collective strength and influence in the industry to argue for investment in all the sectors our members work in.
CAMPAIGNING: Tackling low and no pay is a huge challenge, but we’re convinced we can make a real difference through our campaigning, just like we have on so many problems in the past. Equity’s Professionally Made Professionally Paid campaign will run throughout 2015, involving Equity members, branches and staff, and reaching out to the public, decision makers and stakeholders. Everyone can support Professionally Made Professionally Paid, so get involved!
Tackling low and no pay is a huge challenge, but we can make a real difference through our campaigning
and argues for investment and support in every level of the creative industries.
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www.equity.org.uk/made&paid
IF YOU ARE AN EQUITY MEMBER: Promote the campaign by taking the poster along to a local venue; posting a selfie of your support, or the campaign logo, through your social media. Support the campaign with pride. Let us know in confidence when you take work on low or no pay, so we can monitor the industry and build up our intelligence about problems which need tackling. Our new online survey takes just a few moments, and we will never share your information without your consent. You can also use the survey to request an Equity visit to any production you are working on. Ask your local Councillors, MP, or other decision makers to support our campaign. Follow us on twitter @EquityLPNP Sign up for campaign updates by emailing edelange@equity.org.uk The most effective way we can take this campaign forward is to organise and act collectively. Wherever you are working, talk to your fellow Equity members about the campaign, encourage non members to join the union (online at www.equity.org.uk) and to get involved in campaign activities.
EQUITY BRANCHES: Identify key local employers where there is potential for improving terms and conditions, with whom Equity should be talking. Your local knowledge is the key, Equity staff can use the information you gather to target resources and make the most impact. Encourage venues and any other
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stakeholders to support the campaign, and engage with Equity. Identify local sponsors who may be interested in supporting arts employers in your area. Equity can play a key role brokering that relationship, on the condition sponsorship goes to employers that sign up fully to our campaign. Help raise awareness by organising a low pay no pay meeting in your area. Equity staff will be happy to come along and make sure everyone is up to date on their rights, and what their union is doing for them. Develop local press contacts, so that positive stories about the use of Equity agreements have the best chance of making it into the news.
PRODUCERS Work with us. Even if you are operating on a micro budget you may be able to offer Equity contracts. Equity has a range of agreements specially designed for productions which cannot pay full rates. Using an Equity agreement puts you in touch with the best professional performers; creates a clear efficient framework for avoiding and resolving problems during the production; identifies you as an ethical employer; and protects you from risks of legal action. Contact Equity’s Low Pay No Pay Organiser Emmanuel de Lange on edelange@equity.org.uk to find out more about using Equity agreements.
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Further help and advice Professionally Made Professionally Paid Equity Organiser Emmanuel de Lange edelange@equity.org.uk 020 7670 0237 @EquityLPNP www.equity.org.uk/made&paid #MadeAndPaid Equity offices
London and South East Guild House, Upper St Martins Lane, London WC2H 9EG Telephone: 020 7379 6000 Email: info@equity.org.uk Midlands Office 1, Steeple House, Percy St, Coventry CV1 3BY Tel/Fax: 02476 553 612 Email: midlands@equity.org.uk North West & North East England Express Networks, 1 George Leigh Street, Manchester M4 5DL Tel: 0161 244 5995Email: northwestengland@equity.org.uk northeastengland@equity.org.uk
Wales and South West England Third floor, 1 Cathedral Road, Cardiff CF11 9SD Tel: 029 2039 7971 Email: wales@equity.org.uk cymru@equity.org.uk southwestengland@equity.org.uk Scotland and N.Ireland 114 Union Street, Glasgow G1 3QQ Tel: 0141 248 2472 Email: scotland@equity.org.uk, northernireland@equity.org.uk
Equity. Guild House. Upper St Martin’s Lane. London WC2H 9EG Tel: 020 7379 6000 www.equity.org.uk