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Legal Eagle

Equity

Q: Do producers have to use Equity contracts?

I heard that a certain producer plans to stop issuing Equity contracts for pantomime. As a commercial producer what is my position if I follow suit?

A: Legally there is nothing to stop you entering into a non-Equity contract with performers in your commercial productions, but there could be serious repercussions in other ways.

Equity has entered into collective bargaining agreements with the Society of London Theatre and the Theatrical Management Association, setting forth minimum terms and conditions to be observed by producers who are members of SOLT/TMA for the employment of performers, understudies, and stage management. I emphasise the reference to 'minimum' terms. The standard printed form of Equity contract does not have to be used provided that the minimum terms contained or referred to in it, or terms more favourable to the Equity member, are incorporated into the contract. These collective bargaining agreements only apply when both parties are members of the respective associations, but in any event they do not bind such members. It is open to the contracting parties, as between themselves, to agree whatever terms they want.

However, if you are a member of SOLT/TMA and you make a practice of issuing contracts to Equity members which do not incorporate the minimum terms to which I have referred, which I understand is what you are contemplating, then you run the risk of industrial action by Equity or its members, and possibly expulsion or other disciplinary measures by SOLT/TMA under pressure from Equity. In a practical and commercial sense this could be very serious for you indeed, and in an extreme case might even put you out of business.

If, of course, you were to engage only non-Equity members, the same sanctions would not apply, but if you do so on a regular basis and then change your mind and wish to employ Equity members you could find yourself the subject of a boycott. The parties to collective bargaining agreements may well argue that they can hardly be expected to spend considerable time and energy in working out minimum standard terms for their respective members, only to stand idly by while those terms are ignored.

If you are not a member of SOLT or the TMA you can do as you please, but may still be under pressure from Equity to use Equity contracts where Equity members are being engaged.

If you are a big enough player and able to mobilise sufficient support from within the industry, you may be able to do battle with Equity and reach some form of accommodation with it over whatever grievances have prompted you to wish to avoid using Equity contracts, but for the reasons I have given this would be a bold and risky course for you to adopt.

First published February 1997