THE MINIMUM WAGE:

Anyone who is defined as a ‘Worker’ – click here (including Employees and Agency Workers) is entitled to the minimum wage.

There is a Government Helpline 0800 917 2368 and a website that offers more advice and information -  http://www.nmw.direct.gov.uk/index.html

The minimum wage is a legal right that covers almost all workers above compulsory school leaving age. There are different minimum wage rates for different age groups of workers as follows:

• The main rate for workers aged 22 and over from 1 October 2009 is £5.80 per hour (rising to £5.93 on 1.10.10 for workers aged 21 and over).
• The development rate for 18-21 year olds is £4.83 per hour from 1 October 2009 (rising to £4.83 on 1.10.10 for workers aged 18-20).
• The development rate for 16-17 years olds from 1 October 2008 is £3.57 per hour (rising to £3.64 on 1.10.10).

In June 2008 the English High Court ruled that tips/gratuities/service charges (not paid through the employer’s payroll) cannot count towards the minimum wage and this will become law on 1st October 2009. Those on an official Apprentice scheme are not entitled the to the minimum wage but must be paid a minimum of £95 per week from 1st August 2009. To see a list of those excluded from the Minimm Wage click here – http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_175114

The National Minimum wage is not paid for normal travelling time between home and your normal place of work and not paid on sleep-over shifts.

IN THE FILM AND TV INDUSTRY SEVERAL GUIDELINES ON PAY HAVE BEEN AGREED:

BECTU’s agreement with PACT (the Producers Alliance for Cinema & Television) sets out minimum rates of pay for freelancers across film and tv production (it does not cover the commercials sector or background artistes) can be found here. BECTU also publish RECOMMENDED rates for work by Hair and Make-Up Artists, Riggers, Sound, Camera, Lighting Technicians and Factual TV Production staff, and going rates for Production department staff at – http://www. bectu.org.uk/advice-resources/rates Look at Equity’s website for their rates (and other information) covering equity card holders working in theatre/variety, opera and dance; and film, television and radio – http://www.equity.org.uk And your own organisation may publish its own minimum pay/salary scales for different jobs.

AGENCY WORKERS:

You will usually be classed as a Worker – Have a look at the section about Your Employment Rights (click here), and the following link may also be useful – http://www.worksmart.org.uk/rights/agencyworkers By 2011 The Government will introduce the Temporary Agency Workers Directive – entitling agency workers to equal treatment (with permanent staff of the same organisation) when they have spent 12 weeks in a given job. In addition, from 27th October 2008 the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations are amended so that agency workers on contracts of less than 3 months are NOT excluded from statutory sick pay entitlements.

UNPAID WORK EXPERIENCE:

The minimum wage legislation can make unpaid work experience a grey area, as anyone defined as a ‘worker’ is entitled to a minimum wage.  Government guidelines say that if someone is taken on solely for the reason of giving him/her skills, rather than in a normal employee relationship, then this can be unpaid – as long as they have no set hours and can come and go freely. Students doing work experience as part of a higher or futher education course are not entitled to the minimum wage if the work experience they undertake is for under a years duration. Skillset have published guidelines for work experience placements in the TV industry; more details of how the national minimum wage applies (and other useful information for employers and those on work experience placements) is contained in these guidelines at Annex A: http://www.skillset.org/uploads/pdf/asset9268.pdf?1 ACAS, Skillset and PACT recommend that unpaid work experience should never be longer than for four weeks. Workers under 18 -  For more useful information look at www.bbc.co.uk/onelife/yourworld/workfuture/ If you are looking for work experience or internships then take a look at the WEXO website – the UK’s first networking community for work experience – WEXO (Work Experience Online). If you are looking for a new job the have your CV reviewed for free by Workline’s partner The CV Centre – they provide professional CV writing services to help maximise your chances of getting the job you deserve. If you need new skills then Workline recommends the following Trainers: – The Coaching Academy – at the forefront of Coaching Skills training; ICS Learn – pioneers of home based learning; CourseMonster – over 4,000 training programmes. Image by GirlReporter

If you work in the UK Media Industries and have a question about this or any other topic, please e-mail us at workline@freelanceadvisor.co.uk

If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to us at The HR Kiosk (click here) - a Human Resources Consultancy for small businesses – you can retain us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.