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Legal Eagle

Miscellaneous

Q: Non-payment of extras

Can film companies get away without paying walk-ons, just because some members of the public are happy to work for nothing?

A: Yes they can. There is nothing unlawful about it, unless by so doing they would be in breach of some collective bargaining agreement with a trade union. At present there is no such agreement of general application throughout the industry, so far as I am aware, although some walk-on agreements do exist (e.g. with TV production companies) relating to minimum rates of pay for union members working as walk-ons.

Obviously film companies will have no difficulty in finding members of the public who are willing to appear in crowd scenes or small walk-on parts without remuneration, just for the fun of it or for the pleasure of being able to see themselves on film.

However, it is customary, depending on the circumstances, for film companies to offer some payment for their trouble. Also film companies which openly adopt a policy of engaging non-union members as walk-ons may find themselves under pressure from the unions to change this policy if they wish to secure union co-operation in other areas.

First published February 1996