LPC 2010 Report - Sector specific guidance on the National Minimum Wage for the entertainment sector!

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	Topic: LPC 2010 Report - Sector specific guidance on the National Minimum Wage for the entertainment sector!
Posted : 08/02/11 / Views : 1464 / Replies : 17 /
CliveHurst 1001 posts last on: 07/02/12 send private reply	Well, I am delighted to say the LPC have today, published their 2010 annual report... Click: here See page 100/101, which states: Entertainment Sector: 4.47 Equity highlighted the problem of work being offered for no pay, giving aspiring performers an opportunity to work in the industry. Our Secretariat also met two actors who raised the issue of the complex nature of the law in relation to the entertainment industry and of roles in TV and film being advertised as unpaid when they were clearly work. They wanted it to be made illegal to advertise work for no pay. The actors, along with Equity, had passed details of adverts offering work for no pay to HM Revenue & Customs (HMRC) and felt that some sort of sector specific guidance for employers and agencies in the entertainment industry would be beneficial. 4.48 During a visit to London we met a group of actors who told us of the problems those in the entertainment sector faced. These included: agencies taking their fees from a day's pay, leaving the worker with less than the minimum wage, and offering no subsequent work to the actor; work being advertised for no pay (but sometimes with expenses); and the complex nature of the regulations in this sector. They told us that those in the industry were reluctant to report abuse for fear that they would subsequently find it difficult to obtain work. ( Click Stage report: http://www.thestage.co.uk/news/newsstory.php/27551/equity-campaigner-hurst-complains-of ) 4.49 In November 2009, an Employment Tribunal ruled that workers engaged on an expenses-only basis were entitled to payment at least in line with the National Minimum Wage. The case was brought by a department assistant against a film company and was supported by the Broadcasting Entertainment Cinematograph and Theatre Union (BECTU). 4.50 We have again heard this year about a number of problems faced by those working in the entertainment industry. We understand that the issues are not always as straightforward as they may appear and that two enforcement bodies, HMRC and the Employment Agencies Standards Inspectorate, have an involvement in this sector. While more may need to be done in relation to enforcement of existing regulations, we believe the production and publication of guidance specifically for the entertainment industry would go some way to highlighting the rights and obligations of employers, agencies and workers in the sector. “We therefore recommend that the Government produces, in conjunction with interested parties, sector specific guidance on the National Minimum Wage for the entertainment sector. We will monitor the situation with regard to this group of workers carefully and, following publication of the sector specific guidance, review the effect of its publication.” Well done to everyone who made this happen! **;^))

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	Reply #1
Posted : 05/06/10
CliveHurst 1001 posts last on: 07/02/12 send private reply	BBC highlight unpaid 'volunteers'... "CALL TO END UNFAIR UNPAID WORK" by Kayte Lawton from IPPR. Kayte Lawton, from the IPPR, said: "We have a culture where lots of sectors are relying on unpaid work and that is just not fair, both for those who have to do the work and those who do not get the opportunities, so we need a big culture shift. "We need the big employers to lead the way on this because they have the resources and power to pay interns and make sure they have good working conditions." 'Very fine line' Graduate Laurie Walmsley told the BBC he had worked unpaid for a year: "I did four internships in a year. I worked for a couple of charities, I worked for a broadcaster and I worked here at Parliament. Click: http://news.bbc.co.uk/1/hi/business/10243481.stm **:^)) P.S. My thanks to an Equity member for bringing this to my attention :)

Reply #1

Posted : 05/06/10

CliveHurst
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last on: 07/02/12
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BBC highlight unpaid 'volunteers'...

"CALL TO END UNFAIR UNPAID WORK"

by Kayte Lawton from IPPR.

Kayte Lawton, from the IPPR, said: "We have a culture where lots of sectors are relying on unpaid work and that is just not fair, both for those who have to do the work and those who do not get the opportunities, so we need a big culture shift.

"We need the big employers to lead the way on this because they have the resources and power to pay interns and make sure they have good working conditions."

'Very fine line'

Graduate Laurie Walmsley told the BBC he had worked unpaid for a year: "I did four internships in a year. I worked for a couple of charities, I worked for a broadcaster and I worked here at Parliament.

Click:

http://news.bbc.co.uk/1/hi/business/10243481.stm

**:^))

P.S. My thanks to an Equity member for bringing this to my attention :)

	Reply #2
Posted : 06/06/10
GUY5 395 posts last on: 07/02/12 send private reply	Not paying minimum wage to workers is a criminal offence and employment lawyer Pam Loch says "there is a very fine line between a worker and an intern or someone on work experience". "For an employer, they have to be careful that they are not giving someone specific tasks to be carried out on a set hours basis as you would expect a worker or an employee to do. I know that a documentary is looking at the whole Expenses issue with regard to Actors /Production and broadcast / not. There take is not favourable towards Actors who are currently working for nothing so be warned. Quite aside from my own views- I have to say from the evidence I've seen in the docu pitch + they're right.

Reply #2

Posted : 06/06/10

GUY5
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last on: 07/02/12
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Not paying minimum wage to workers is a criminal offence and employment lawyer Pam Loch says "there is a very fine line between a worker and an intern or someone on work experience".

"For an employer, they have to be careful that they are not giving someone specific tasks to be carried out on a set hours basis as you would expect a worker or an employee to do.

I know that a documentary is looking at the whole Expenses issue with regard to Actors /Production and broadcast / not.
There take is not favourable towards Actors who are currently working for nothing so be warned.

Quite aside from my own views- I have to say from the evidence I've seen in the docu pitch + they're right.

	Reply #3
Posted : 07/06/10
CliveHurst 1001 posts last on: 07/02/12 send private reply	Thanks Guy, for letting us know about the documentary. Any further information you might have on this would be useful... Equity June Council Report states the following information: Click: http://www.equity.org.uk/login/members/YourUnion/ReportsAndDocuments/CouncilReports/June_2010.pdf Low pay/no pay complaint not upheld by Appeals Committee Equity's Appeals Committee has not upheld a complaint submitted by an Equity member, it was reported to the Council. His complaint was that, by not agreeing two motions which addressed the issues of low pay and the national minimum wage, the Council was in breach of the Rules. After holding a hearing, the Appeals Committee issued the following statement: This hearing was extremely productive. The issues around which it centred, low pay, fringe theatre, profit share, and the National Minimum Wage, are matters of great concern to Equity members, and the Appeals Committee believes they merit the widest possible airing. On the question before the Committee, namely whether or not Council was in breach of rule 3.1.1.4 in this particular case, the Committee unanimously found against the Appellant. The Rule in question is not a Duty, but an Object of the union, and Council's decision not to support the motions in question does not constitute a breach of that Rule. However, the Council's representatives recognised that the policy document agreed by Council on 7th July 2009 could have been clearer, and both sides accepted that closer dialogue was needed between Council and Equity members who have concerns on this issue. The Appeals Committee welcomed this recognition. It also noted that a Review of Fringe Theatre policy is currently underway and urges Council to ensure that the issues are thoroughly debated as a matter of urgency, by as many members as possible. Members of the Appeals Committee are: Tony Robinson, Chair; Graham Padden, Vice Chair; Joshua Le Touzel; Doreen Mantle and Johnny Worthy Well done, for this perceived Equity victory - for commonsense! **;^))

Reply #3

Posted : 07/06/10

CliveHurst
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Thanks Guy, for letting us know about the documentary. Any further information you might have on this would be useful...

Equity June Council Report states the following information:

Click: http://www.equity.org.uk/login/members/YourUnion/ReportsAndDocuments/CouncilReports/June_2010.pdf

Low pay/no pay complaint not upheld by Appeals Committee

Equity's Appeals Committee has not upheld a complaint submitted by an Equity member, it was reported to the Council. His complaint was that, by not agreeing two motions which addressed the issues of low pay and the national minimum wage, the Council was in breach of the Rules.

After holding a hearing, the Appeals Committee issued the following statement:

This hearing was extremely productive. The issues around which it centred, low pay, fringe theatre, profit share, and the National Minimum Wage, are matters of great concern to Equity members, and the Appeals Committee believes they merit the widest possible airing.

On the question before the Committee, namely whether or not Council was in breach of rule 3.1.1.4 in this particular case, the Committee unanimously found against the Appellant.

The Rule in question is not a Duty, but an Object of the union, and Council's decision not to support the motions in question does not constitute a breach of that Rule.

However, the Council's representatives recognised that the policy document agreed by Council on 7th July 2009 could have been clearer, and both sides accepted that closer dialogue was needed between Council and Equity members who have concerns on this issue.
The Appeals Committee welcomed this recognition.

It also noted that a Review of Fringe Theatre policy is currently underway and urges Council to ensure that the issues are thoroughly debated as a matter of urgency, by as many members as possible.

Members of the Appeals Committee are: Tony Robinson, Chair; Graham Padden, Vice Chair; Joshua Le Touzel; Doreen Mantle and Johnny Worthy

Well done, for this perceived Equity victory - for commonsense!

**;^))

	Reply #4
Posted : 07/06/10
leeravitz 1543 posts last on: 5 hours send private reply	This is all good news, Clive, and it pleases me to see that, whatever individual differences of opinion may have been expressed at times during the course of debate on this site and other forums, a whole host of independent members of Equity are standing for Council this year united in their common desire to see more tabled in future on the lo/no pay debate at the highest levels within Equity. It is a great thing to see that some of our efforts to be heard are beginning to bear fruit, and to think that, perhaps this year, voting for the Equity Council will really begin to go some way towards initiating much needed change - benefitting the 'have nots' of the acting industry - the 'grass roots'! I urge all CCPers who are members of Equity to get behind the drive to try and improve working conditions for ourselves and making our Equity votes count!

Reply #4

Posted : 07/06/10

leeravitz
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last on: 5 hours
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This is all good news, Clive, and it pleases me to see that, whatever individual differences of opinion may have been expressed at times during the course of debate on this site and other forums, a whole host of independent members of Equity are standing for Council this year united in their common desire to see more tabled in future on the lo/no pay debate at the highest levels within Equity. It is a great thing to see that some of our efforts to be heard are beginning to bear fruit, and to think that, perhaps this year, voting for the Equity Council will really begin to go some way towards initiating much needed change - benefitting the 'have nots' of the acting industry - the 'grass roots'! I urge all CCPers who are members of Equity to get behind the drive to try and improve working conditions for ourselves and making our Equity votes count!

	Reply #5
Posted : 07/06/10
Toni1 1387 posts last on: 6 hours send private reply	Re agents taking a book fee from first job - is it right that they should take VAT as well?

	Reply #6
Posted : 08/06/10
CliveHurst 1001 posts last on: 07/02/12 send private reply	Hi Toni, If the agent is vat registered... The answer is YES! As to being left with less than the NMW after agency deductions...? That is a matter that the Low Pay Commission have highlighted. I hope to meet with the NMW unit at BIS, in the not too distant future. The new NMW guidelines, specifically for our industry, should tell us all, what should be legal and what - should not... Click: http://www.bis.gov.uk/policies/employment-matters/rights/nmw Watch this space! **:^))

Reply #6

Posted : 08/06/10

CliveHurst
1001 posts
last on: 07/02/12
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Hi Toni,

If the agent is vat registered...

The answer is YES!

As to being left with less than the NMW after agency deductions...?

That is a matter that the Low Pay Commission have highlighted.

I hope to meet with the NMW unit at BIS, in the not too distant future. The new NMW guidelines, specifically for our industry, should tell us all, what should be legal and what - should not...

Click: http://www.bis.gov.uk/policies/employment-matters/rights/nmw

Watch this space!

**:^))

	Reply #7
Posted : 08/06/10
Toni1 1387 posts last on: 6 hours send private reply	Thanks Clive - can I claim it back on my tax?

	Reply #8
Posted : 08/06/10
CliveHurst 1001 posts last on: 07/02/12 send private reply	You certainly can Toni! :)

	Reply #9
Posted : 29/01/11
CliveHurst 1001 posts last on: 07/02/12 send private reply	HMRC Minimum Wage enforcers target Employment Agencies! Well it had to happen sooner or later... Click: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=417669&SubjectId=15&DepartmentMode=true "17 officers from HM Revenue & Customs (HMRC - NMW) and the Department for Business, Innovation and Skills (BIS - EAS) targeted and questioned the agencies based across the city on 25 and 26 January. "In at least nine cases, HMRC officers will carry out further investigations where companies are suspected of not meeting National Minimum Wage regulations. 102 breaches of Employment Agency legislation were identified by EAS officers and will be followed-up. "Michelle Wyer, Assistant Director of National Minimum Wage for HMRC, said: "Paying the National Minimum Wage isn't optional, it is a worker's legal right. It is simply not acceptable for an employer or employment agency to operate outside of the law. We will help employers to understand their responsibilities, but will also relentlessly pursue those who deliberately break the law. "Anyone with questions or concerns about the National Minimum Wage should call the Pay and Work Rights Helpline on 0800 917 2368." If only those in the entertainments industry were targeted. Is it optional in our industry? ***:~))

Reply #9

Posted : 29/01/11

CliveHurst
1001 posts
last on: 07/02/12
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HMRC Minimum Wage enforcers target Employment Agencies!

Well it had to happen sooner or later...

Click: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=417669&SubjectId=15&DepartmentMode=true

"17 officers from HM Revenue & Customs (HMRC - NMW) and the Department for Business, Innovation and Skills (BIS - EAS) targeted and questioned the agencies based across the city on 25 and 26 January.

"In at least nine cases, HMRC officers will carry out further investigations where companies are suspected of not meeting National Minimum Wage regulations. 102 breaches of Employment Agency legislation were identified by EAS officers and will be followed-up.

"Michelle Wyer, Assistant Director of National Minimum Wage for HMRC, said:

"Paying the National Minimum Wage isn't optional, it is a worker's legal right. It is simply not acceptable for an employer or employment agency to operate outside of the law. We will help employers to understand their responsibilities, but will also relentlessly pursue those who deliberately break the law.

"Anyone with questions or concerns about the National Minimum Wage should call the Pay and Work Rights Helpline on 0800 917 2368."

If only those in the entertainments industry were targeted.

Is it optional in our industry?

***:~))

	Reply #10
Posted : 29/01/11
Toni1 1387 posts last on: 6 hours send private reply	But it's a start to getting that recognition :-))

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