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Dateline: 9th July, 2009

Equity Rejects NMW Motions

Two motions to Equity's council from council member Clive Hurst, which, if passed, would have had the effect of forcing fringe companies to pay the National Minimum Wage or be considered amateur (see our news story of 3rd July), have been overwhelmingly rejected.

In a statement issued today, the union said, "The Equity Council (the body of elected members who run the union) was asked by one of its members to consider lobbying the Government to make it illegal to advertise any job for less than the national minimum wage and to re-define unpaid work in fringe theatre as 'amateur'. By an overwhelming majority the Equity Council decided not to back either idea for some very sound reasons.

"Since 1999 the national minimum wage has applied to any individual defined as a ‘worker’. Does it apply to the fringe theatre? Well, the answer is: possibly. Some actors on the fringe clearly are workers and could make a claim under the national minimum wage, but what about actors in profit share? What about showcases? What if the theatre company is a charity? Whether the national minimum wage applies to work on the fringe depends on the details of each case. It is too simplistic to state that it either should or does apply under all circumstances."

At the same time Equity issued a policy statement on fringe theatre which says:

• The National Minimum Wage was introduced by the Government in the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and applies to any individual defined as a ‘worker’.
• The National Minimum Wage legislation confers rights on an individual to make a claim. HM Revenue and Customs also have an enforcement power.
• The Union does not have a right under law to make a National Minimum Wage claim but can support a National Minimum Wage claim on behalf of and with the consent of a named individual or a number of named individuals.
• Equity has a Fringe contract based on the National Minimum Wage which it recommends to members and encourages all fringe producers to use.
• Equity is aware that some members choose to work on the fringe for less than the National Minimum Wage for their own professional reasons and Equity acknowledges that there is wide-spread support from the membership for the fringe.
• Equity does not as a matter of course advise members against working on the fringe for less than the National Minimum Wage.
• Where a member approaches Equity for help because s/he believes a National Minimum Wage payment is appropriate, Equity will assess the claim and pursue it where the individual is judged to be a ‘worker’ and the claim has merit. Each National Minimum Wage claim will be judged on its strengths as with any other legal claim.

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©Peter Lathan 2009