The Stage

Norton’s TV company performs U-turn on unpaid extras

Published Tuesday 8 January 2008 at 14:30 by Matthew Hemley

Graham Norton’s television production company has been forced to backtrack on plans to use unpaid extras in a BBC sketch show it is making, after it emerged the move would flout employment laws.

So Television had posted an advert on a casting website calling for “uncredited and unpaid extras for a couple of fun days in January”, promising performers the chance to “work alongside some of the UK’s greatest comedic talent as well as work with a professional production company”.

The advert was noticed by The Stage and came to the attention of unions Bectu and Equity, who claimed the company would be breaching minimum wage regulations if it went ahead with using extras free of charge.

According to the Department for Business, Enterprise and Regulatory Reform, anyone “employed under a contract that requires them to personally carry out work or provide a service” must be paid. A contract can be expressed in written form or implied and the company can only avoid paying people if it specifically requests volunteers.

Both Equity and Bectu claimed the company had not done that and accused it of acting unlawfully, because the advert placed an emphasis on work and set out fixed dates that extras were required to attend.

When approached by The Stage, So Television admitted it had already had “misgivings” about the advert and removed it shortly afterwards.

Graham Stuart, who co-owns So Television with Norton, said the advert had been posted by an “enthusiastic member of staff” who had been “trying too hard”.

He told The Stage: “I fully admit it was our mistake. There were misgivings about this from the time it happened and it was felt this was not the right way to proceed.”

He said the company would not advertise for unpaid actors again and added: “It is very important for us that we do things according to the book and that is the way we would do it in the future. It is important that we do that and are seen to do that. But it should never have happened in the first place.”

Stuart said the sketches requiring extras had now been rewritten so that they did not need as many performers and that anyone responding to the advert would be told they were no longer needed.

So Television’s reaction to The Stage’s enquiry was welcomed by Bectu national official Spencer MacDonald, who said the move was a “victory for common sense”.

He added that Bectu would still be speaking to So Television “just to put a marker down” and let the company know it was aware of the situation.

A DBERR spokeswoman said it was important all employers and workers were clear about their rights and responsibilities under employment legislation, including the right to the national minimum wage.

She said guidance on volunteering, which will reiterate the position for all industries and sectors, will be issued in 2008.