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Legal Eagle

Equity

Q: Can employers refuse non-Equity?

I want to work as an extra but have been told that producers prefer Equity members because the union card suggests the person has reached a professional standard and it takes too long to weed out the good from the bad non-union applicants. Does the law allow employers to do this?

A: It is unlawful for an employer to refuse someone employment on the ground that he is or is not a member of a trade union. 'Employment' for this purpose means a contract of service. The employer's motive for any such refusal is irrelevant.

However, there is some doubt whether employment law is applicable to the situation which you describe because most members of the acting profession are now regarded as self-employed and even the Inland Revenue now treats the vast majority of them as self-employed for tax purposes. The very limited exceptions (e.g. membership of a 'resident' stage company) would not seem to be applicable to your case. There is no law which prohibits refusal to engage the services of a self-employed person on the ground that he is not a member of a trade union.

The answer to your question will therefore depend on whether or not you are refused 'employment' for the reason you mention, as distinct from engaging your self-employed services, and you have not given me sufficient information to advise definitely on this one way or the other.

First published January 1996