The Stage

Government to issue guidance on minimum wage in entertainment sector

Published Wednesday 31 March 2010 at 15:48 by Matthew Hemley

Guidance on how the National Minimum Wage should be applied by companies operating in the entertainment sector is to be drawn up by the government, as part of an effort to protect actors’ rights.

A recommendation outlined in the Low Pay Commission’s 2010 report has called on the government to produce “sector specific guidance” on minimum wage in the entertainment sector.

In the report, the LPC said it had heard from actors complaining that roles in TV and films are advertised as unpaid “when they were clearly work”.

The LPC also reported that it had met with actors working for agencies which had deducted fees from a day’s pay, resulting in less than the minimum wage, and warned that some actors were too afraid to speak out for fear it will cost them future work.

“We have again heard this year about a number of problems faced by those working in the entertainment industry. While more may need to be done in relation to enforcement of existing regulations, we believe the production and publication of guidance specifically for the entertainment industry would go some way to highlighting the rights and obligations of employers, agencies and workers,” the LPC said.

Gerry Franks, a senior policy advisor at the LPC, told The Stage that there are a lot “of issues that need to be bottomed out”.

“The issues are very complicated and need to be sorted out. Now is the time because these issues have been rumbling along for years,” he added.

The LPC’s recommendation, which has been accepted by the government, follows motions submitted to Equity’s ruling council last summer, which called for clarification on how profit-share and low-paying fringe theatres fit into NMW guidelines and on the definition of amateur and professional performers.

The motions were put forward by Equity walk on councillor Clive Hurst, but rejected by the Equity council.

However Franks admitted that a fringe company should be paying minimum wage if it employs people who are “working under direction”, but said it would be for the government to decide who should be exempt from paying the NMW in the sector.

“Sector specific guidance would be helpful so everyone knows where they stand,” he added.

Franks said he expected the government to have published guidance within the year.