The Stage

Legislation banning up-front fees for walk-ons receives lukewarm welcome

Published Tuesday 17 November 2009 at 13:50 by Matthew Hemley

New legislation banning agents from charging up-front fees to extras and walk-ons has received a lukewarm welcome from the industry, with critics questioning how effective the laws will be and claiming rogue companies will still be able to exploit vulnerable workers.

The new rules - due to be implemented in October next year - will ban agencies, which are currently permitted to charge a fee for including clients’ details in a publication or directory - from taking any form of up-front fee from walks-ons and extras, as well as models and background artists.

For all other performers, including actors - a seven-day cooling off period - introduced last year and designed to give people time to change their minds before committing money - has been extended to 30 days.

Industry figures have welcomed the legislation, but have questioned whether inspectorate from the Employment Agency Standards, which has the responsibility for enforcing the legislation, will be able to take appropriate action.

Shadow business minster Mark Prisk said he would continue to press ministers to “spell out how the new policy is meant to work in practice”, while Bob James, former president of the Agents’ Association, said he was concerned that the EAS would not be able to catch rogue companies who continue to charge fees.

James, who consulted with the government about the legislation, claimed rogue companies had often moved on by the time EAS inspectors had responded to complaints, and added: “Trying to do things retrospectively is always difficult. The only way to hit these people is when they are actually doing it.”

James also expressed disappointment that the government had refused to make sure all agents need a licence to operate, which he said would abolish rogue companies.

In a government consultation carried out earlier this year to determine how best to tackle rogue agents, many bodies - including Equity and Bectu - called for a licensing regime to be introduced.

However, responding last week, the government said it had concluded that licensing would “impose unnecessary regulatory burden on all labour providers”.

Its decision has been criticised by Equity walk-on councillor Clive Hurst, who said he was “astonished” by the government’s refusal to insist all agents had a licence.

He also raised concerns that the categories of performers the government has decided to protect from up-front charges would be difficult to define.

Hurst said there was no “legal definition” between an actor and walk-on actor, and claimed this would create loopholes in the law.

But a spokesman for the government described ‘actor’ and ‘walk-on’ as industry recognised terms, and said there were plans to issue guidance to clarify the definitions of actor, background artist, extra and walk-on before the regulations come into force next year.

He added that the government had doubled the number of EAS inspectors “so that they can get out on the ground and target the rule-breakers”.

He also addressed concerns the legislation would not be introduced if a Tory government was to take control before October, claiming the regulations would be on the statute book before the next general election.

<Box Out>Why have the new laws been introduced?

Currently agencies are allowed to charge fees to include clients’ details in a directory, which is for the purpose of finding work-seekers employment. A seven-day cooling off period was introduced last year, aimed at giving potential clients time to change their minds before committing any money. However, this has not proved to be effective in tackling rogue companies and last week the government unveiled new legislation aimed at cracking down on unscrupulous companies.

How will the new laws work?

From October next year, agents working with walk-ons, background artists, models and extras will be banned from charging any up-front fees. For all other performers, including actors, the seven-day cooling off period will be extended to 30 days. Agencies will be required to tell new clients about this and must provide a refund if no publication is produced within 60 days.</Box Out>