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| Topic: Expenses-only engagements are illegal, say Employment Tribunals. | ||
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| BECTU Press Release: 24th November "The Employment Tribunals, sitting in Reading, have ruled that workers engaged on an expenses-only basis are entitled to payment at least in line with the national minimum wage, in addition to payment for the holiday they accrue. "The decision arises from a case brought by Nicola Vetta, a former art department assistant, against London Dreams Motions Pictures Ltd. "Media and entertainment union, BECTU, which supported the case, has welcomed the judgement as an important milestone in efforts to rid the industry of exploitative employers who deny new entrants their lawful right to be paid for the work they do. "BECTU's assistant general secretary, Martin Spence, gave evidence at the hearing on 20 November 2009 in support of Ms Vetta who was engaged in July 2008 on an expenses-only basis by London Dreams Motion Pictures Ltd for its production Coulda Woulda Shoulda. "The tribunal's decision has confirmed that workers cannot be denied their statutory rights to payment even where they respond to advertisements which offer work on an expenses-only basis. "Commenting on the decision, Martin Spence said: “This decision will give enormous comfort to industry workers, and in particular to new entrants, who face huge demands when they are starting out but who can often find themselves at risk of exploitation. “The industry's reliance on unpaid labour is giving film and television production a bad name. We hope that this judgement will draw a line in the sand and that we will see more employers complying with the law.” "Nicola Vetta provided the following assessment: "I am delighted with the outcome and I hope it will bring greater fairness to work in the media. There is a need for genuine work experience but it is wrong for employers to exploit the aspirations of young people as a source of zero cost labour. “In today's difficult jobs market, this practice seems to be increasingly common. Working for free is becoming accepted as a necessary investment to securing a paid job. I hope that publicising this case will help to reverse that trend." "Thousands of students graduate each year in the hope of working in the media and entertainment sector. Many industry websites advertise entry-level jobs on the basis of expenses-only giving rise to complaints. "BECTU has been active in exposing bad practice and is working with the Department for Business, Innovation and Skills and Her Majesty's Revenue and Customs to get both sides of industry to recognise that the law on the national minimum wage does apply to the creative sectors. "London Dreams Motion Pictures Ltd, which was represented at the tribunal by producer, Bobby Singh, was ordered by the tribunal to pay Ms Vetta a sum in excess of £2000. "The full judgement from the tribunals is expected in the next few weeks." I am sure you will agree with me that union support on such law breaking NMW issues, is absolutely vital, if we are to reverse the current apathy in our industry. Employers big or small, seem to think we are all willing to work for nothing. This is in the faint hope, that it will actually enhance our career, when quite clearly it will not… Well done BECTU! **;^)) | ||
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| Reply #1 | |
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| Posted : 25/11/09 | |
| Thanks Clive for letting us know this important piece of news. Does this mean that they have to pay NMW and expenses? Sorry if that sounds like a stupid question. I'm wondering how it will work out. Will they have pay from the moment you arrive or leave the house?? In this industry most jobs are not that near to your own home. Does it include students??? And will it be the college that pays??? Presumably, when indipendant film makers apply for funding, they will have to include actors wages for the application to be processed??? Now I suppose we ALL need to report film makers who are are not offering nmw to our unions. I would also hope it means that very quickly we should notice the jobs advertised should ALL have £ next to them????? Sarah xx | |
| Reply #2 | |
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| Posted : 25/11/09 | |
| London Dreams? Yeah, I had a run in with that outfit. Good news!! | |
| Reply #3 | |
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| Posted : 25/11/09 | |
| Can I just add that I think that you do, and hopefully will continue to do a fantastic job for US ALL. You campaign tirelessly for our benefit. And I for one am really grateful. Thank you Clive Sarah xx | |
| Reply #4 | |
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| Posted : 25/11/09 | |
| I ditto Sarah's queries. What does this actually mean to all concerned? Will news of this case and its outcomes really filter through to all who need to know, as well? | |
| Reply #5 | |
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| Posted : 25/11/09 | |
| I don't think it will mean that employers have to pay NMW and expenses. After all, most workers who earn NMW don't get expenses in addition to NMW. I would hope that it could mean a change for student films - don't know whether it will though. It would seem to me to be easier to budget for NMW for actors on student films than to budget for expenses which vary with the actor (of course there would be nothing to stop people offering expenses as well, if they were in a position to do so). I think this is a really important case, though I don't think things will change overnight. I don't think there should be a panic that this will mean the end of Fringe either. I think fair and open profit-share will still be possible. It might mean that exploitative employers will think twice though. Important to note that this is a confirmation of existing law - not new law: "The tribunal's decision has confirmed that workers cannot be denied their statutory rights to payment even where they respond to advertisements which offer work on an expenses-only basis." Also very important to note that it does require an individual to pursue a claim (though hopefully with the support of his/her union). If someone advertises a job for no pay, they won't pay you NMW unless you demand it! | |
| Reply #6 | |
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| Posted : 25/11/09 | |
| And on another site, Channel 4 were asking for people to appear for no money! | |
| Reply #7 | |
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| Posted : 25/11/09 | |
| Hi Sarah Quote: "Now I suppose we ALL need to report film makers who are are not offering nmw to our unions" We can report them to our Unions but it's probably better to report them to HMRC I would have thought. I am grateful to someone posting on the Equity website (another tireless campaigner!) for providing the following information: You can do this by using the NMW complaints form here about adverts that are not offering the NMW click here It is is also possilbe to print it out on your printer and post the advert to..... National Minimum Wage FREEPOST PHQ1 Newcastle Upon Tyne NE98 1ZH Please note you need to include as much info as poss. including the physical address of the employer (in the case of student films the college/uni address) a simple google search will usually turns the main mailing address up. | |
| Reply #8 | |
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| Posted : 25/11/09 | |
| This is DELIGHTFUL NEWS. heh hehe heheheheheheHAHAHAAHAHAH | |
| Reply #9 | |
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| Posted : 25/11/09 | |
| Needless to say when I saw the BECTU press release earlier I thought of you, Clive :) I think I made my view fairly clear on the previous thread relating to NMW so won't cover old ground but I've just published a blog post in response to the BECTU announcement which you're invited to comment on. http://www.mikeybee.com/nmw-kill-uk-low-budget-films/ | |
| Reply #10 | |
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| Posted : 26/11/09 | |
| Nice one. I for one am getting sick of expenses only. It doesn't always result in good quality footage for your showreel either (and that is if you even receive it!) I am annoyed by casting calls that say they have an amazing crew and well known actors on board and guaranteed distribution...yet they want you to work for free? You know in these cases they are just being cheap. If the law is behind us we should be naming and shaming these companies! | |
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