Spence, S, 2011. Low pay/no pay week: Equity’s Stephen Spence (online) The Stage.
Available at: <http://blogs.thestage.co.uk/newsblog/2011/07/low-pay-no-pay-equity/>
(Accessed March 21 2014)
This article was written in 2011 by Stephen Spence, Equity’s Assistant
General Secretary, for a special ‘low pay/no pay’ issue of The Stage magazine.
The online article aims to inform the reader of the complicated issues
surrounding ‘remuneration’ in the arts, and how Equity, the trade union for
performers, is trying to bring greater ‘clarity’ to the situation. Due to his
position in the union, Spence is indeed very biased towards the rights of
performers, although his points are well rounded and have much evidence
supporting them.
The main issue involved with ‘low to no pay’ work is complex. It
involves the concept of what defines a ‘worker’? If you are defined as a
‘worker’ then you are entitled to the National Minimum Wage (NMW), however ‘non
workers’ or ‘volunteers,’ are not entitled to the NMW:
“workers,
voluntary workers and non-workers can look remarkably similar from a legal
point of view. It’s the details of how the arrangement was made and of what a
person is actually doing that determines their status, and whether the NMW
should be paid.”
Spence underlines here that each situation is different, and the
legislation covering the type of employment you find in the entertainment
industry is vague, meaning that each case has to be looked at separately. He
comments on the fact that HMRC has very little ‘sector specific’ guidance for
employees in entertainment industry roles, and that The Low Pay Commission has
advised the government of the need for more specific industry standards regarding
this, to little avail.
Towards the end of the article, Spence discusses the idea that Equity
is a trade union, not a regulating body for the entire industry. There are some
areas of the industry that are more ‘unionised’ than others meaning Equity’s
presence is felt more strongly. This is not the case for the commercial dance
sector of the industry, as there are very few Equity contracts available:
“Until Equity can unionise an area, low-paid work is offered and many
union members join the ranks of the working poor, trying to keep bread on the
table and milk in the fridge on bargain-basement wages.”
This may explain why fewer commercial dancers are members of Equity,
even though they support the values the union upholds. Low paid work is
inevitable in an area of the industry that is yet to be ‘tackled’ and during
the current recession, employers in our domain are less and less likely to
become unionised when they can employ workers for ‘low to no pay’ and get away
with it. This really poses the question: ‘how does this sit with civil rights
or even human rights?’ and ‘how does that advance ethics in our industries?’ It
appears to be ‘up to us’ as dancers to demonstrate the real need for ‘union’
and promote a higher ethical standard in our workplace.
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