The Stage

Ad companies avoiding holiday pay, say background artists

Published Tuesday 4 March 2008 at 15:55 by Matthew Hemley

Background artists working in TV commercials have accused advert production companies of underpaying them, claiming they are not being given holiday wages to which they are entitled.

The artists complain that production companies are not detailing vacation pay as a separate figure from the amount for actually appearing on a commercial, despite being obliged to so by law. They claim that this is leading to the supposed extra sum being subsumed into the main body of pay, with the result being that they are missing out on the additional element which they are due.

Equity walk-on councillor Clive Hurst said the union was not doing enough to inform its members about their rights. He said it should be ensuring that the Institute of Practitioners in Advertising - the professional body which represents production companies - makes sure its own members are acting within the law.

Hurst said: “Equity should have done something in their magazine to alert supporting artist Equity members of their statutory right to holiday pay entitlement on commercials. Current Equity position seems to be less than one would expect. All employers should be working within the law. Why is the IPA being allowed to get away with it? The law is there for everyone to abide by.”

Others blame agents, saying they should be making sure the production companies are paying everything an artist is entitled to.

One supporting artist, who did not want to be named, complained: “Our agents are too frightened to ask the production companies for the money in case they lose work. But it should be clear what money we are receiving, otherwise you don’t know if you have been given holiday pay or not. It is frustrating. If you do half a dozen jobs a year, the holiday pay can add up to a few bob.”

Equity head of communications and membership support Martin Brown said the union had raised the matter with the IPA in July 2007 and said the institute’s members had “an obligation under the law to identify holiday pay as a separate element of any payment to an artist”.

He added: “If any member has not had their holiday pay identified separately in their fee for a television commercial, they should come to Equity and we will look into their case.”

A spokeswoman for the IPA said its members had been “advised” about what to do but could not be forced to take action. She added that background artists with queries should raise them with the company concerned.