Arts Group

In response to their research showing that almost half (44%) of the Creative Media workforce said they had carried out unpaid work to get into the industry, Skillset have released exemplary guidelines for internships and other work-based learning. Involving the Arts Group throughout the consultation process, the sector skills council for Creative Media have broken the widespread ambiguity of many other groups and called for an acceptance of the role of general interns. Put together by Skillset in collaboration Creative & Cultural Skills and Arts Council England, the guidance aims to promote good practice and clarify the various entry routes into the creative industries.

“As the individual is performing as a ‘worker’ and is not in full-time education, employers must adhere fully to National Minimum Wage legislation throughout the duration of their placement.”

Skillset goes on to further elaborate on the broader range of work-based learning opportunities available, providing employers with a thorough opportunity to engage in both paid and unpaid routes with fairness and accessibility at the core. The guidelines place internships (broken down into “student” and “general” modes) within a broader context including Volunteering, Work Experience, Traineeships and Apprenticeships, providing a fantastic model for examining the future of work based learning and vocational education.

The guidelines include recommendations on:

• Limiting work experience placements to no more than 160 hours and reimbursing expenses;
• Paying at least the National Minimum Wage for anyone on a graduate internship;
• Limiting the working week of trainees and interns to 40 hours.

Whilst differing in some minor aspects from the recommendations of the Arts Group’s own Emerging Workers Report – the Skillset approach represents by far the best offer from any organization outside the Student Movement, and if implemented would make a huge difference to thousands of young people and those entering the creative industries for the first time.

“Getting a job in the creative industries should be about talent and potential. Yet this can prove challenging, given the sheer numbers who want a job and how informal entry often is.

“We understand that the recession and its impact mean that this is a challenging time for the industry. But by addressing this issue now we are seeking to make sure that the best and brightest talent is given fair access – and securing that talent is one of the best ways that we can ensure our future.”

~GMTV Chairman and Skillset chair Clive Jones

“We hope these guidelines will lay solid foundations for employers, setting out responsibilities in a clear and accessible way.”

~Skillset chief executive Dinah Caine

Click here for the pdf of the guidelines

With great regret, due to the increasing likelihood of rail strikes on the 6^th-8^th April, the organizers have taken the decision to postpone the National Arts Student Summit. The Summit is currently planned to be rearranged, probably in June, perhaps aptly, in the first 100 days or whichever government is in power after the election!

Many thanks to those of you who have registered to attend, we look forward to seeing you at the Summit when we can confirm details.

Any queries or issues please don’t hesitate to contact chair@artsgroup.org.uk

The full report is here…this is what it has to say on “Interns and Internships”:

4.76 Evidence from stakeholders continues to indicate that labels such as

‘volunteer’, ‘intern’ or ‘work experience’ were sometimes applied to

activities that are clearly work and for which at least the minimum wage should be paid.

In its evidence, Equity said that there was an ongoing

problem of unpaid work, particularly with walk-on roles that offer no pay.

Interns Anonymous claimed that interns were being used by employers

to cut the cost of basic administration and entry level jobs. In his

evidence, Mark Watson submitted 140 adverts for unpaid interns and

work experience that appeared to break minimum wage rules. In its oral

evidence, the National Union of Journalists (NUJ) said that many people

who were undertaking work experience were actually doing jobs that

employers relied on, particularly in television and consumer magazines.

It said that there was an over-supply of people desperate to work in the

media industry and employers have built unpaid work placements into

their business model. In its oral evidence BECTU said that some well

established companies used the terms ‘volunteer’, ‘intern’, ‘trainee’ or

‘work experience’ in the entertainment industry to encourage people to

undertake unpaid roles which included basic office work, digitising

material and writing up transcripts.

4.77 It is becoming increasingly commonplace in certain sectors, particularly

the media, entertainment industry and in politics, for employers to

demand a period of unpaid work experience as a means of getting into

the industry. The Government’s Fair Access to the Professions report

highlighted the issue of unpaid internships and how they serve to limit

career choices to those who can afford to work unpaid and those who

live near London. We received evidence from several individuals and

organisations that confirmed this finding. Interns Anonymous claimed

that it was difficult to gain employment with MPs or political parties

without intern experience in parliament. In its oral evidence the NUJ said

that it was hard to get a job in journalism without having previous work

experience but despite people undertaking internships, there was often

no prospect of a permanent job for interns. It estimated that only 30 per

cent of unpaid journalist positions resulted in permanent jobs. In his

evidence Mark Watson said that a period of unpaid work was now

regarded as an unofficial price of entry into many industries, resulting in

large numbers of young people failing to be paid the minimum wage

where it was due. The TUC said it did not believe that employers should

be able to demand a toll of unpaid work before awarding jobs as this

puts those people without parental financial support at a disadvantage.

4.78 We recognise the benefit to young people undertaking work experience

and do not want to stop individuals undertaking genuine work experience placements or discourage employers from offering good quality opportunities. Our view has always been that unpaid work experience is an area where wider dissemination of guidance and more

effective enforcement is needed, rather than any change to the rules

themselves. However, we are concerned about the increasing number

of organisations that are relying on interns, often for several months, to

perform work for no pay. The evidence we received on unpaid work

experience indicates that there is systematic abuse of interns, with a

growing number of people undertaking ‘work’ but excluded from the

minimum wage.

4.79 We have expressed our concerns about unpaid internships to BIS

throughout the year and it has responded positively. In its evidence to

us, BIS said that it recognised the concern that was expressed in the

media about the inappropriate use of internships. It said that it would

consider whether there was anything further it could do to make its

guidance on work experience clearer for employers and interns and

increase awareness of the guidance. We further encourage BIS as part

of this work to engage directly with the sectors in which lengthy unpaid

internships have become the norm. We invite BIS to present its

proposed strategy to us by the summer.

4.80 We have also raised our concerns about unpaid internships and effective

enforcement with HMRC. HMRC responded that in none of the

complaint cases it had received in 2009 concerning interns was there

sufficient evidence to suggest that the individuals were ‘workers’. It

reported that it cannot get reliable figures on the number of interns who

complain because it does not record whether a worker regards

themselves as an intern when they ring the helpline. Stakeholders

confirmed that there was a reluctance on the part of some people

undertaking work experience, who believed they were a ‘worker’, to

report complaints to HMRC.

4.81 We understand that in some cases it is not clear or easy to define

whether a person is a ‘worker’ or on a period of unpaid work experience.

However, while it is not illegal to advertise jobs which do not pay at least

the minimum wage, we believe that HMRC should adopt a more proactive

approach to investigating cases and sectors where the term

‘intern’, ‘volunteer’ or ‘work experience’ is being applied, particularly

when work is clearly being advertised. HMRC has indicated that it may

be implementing a new enforcement approach in relation to interns.

We judge this is likely to be appropriate and have asked HMRC to keep

us aware of any developments. We will monitor these carefully.

________________________________________

Here’s what it says on actors and the creative sector in particular…

4.47 Equity highlighted the problem of work being offered for no pay, giving aspiring performers an opportunity to work in the industry. Our Secretariat also met two actors who raised the issue of the complex nature of the law in relation to the entertainment industry and of roles in TV and film being advertised as unpaid when they were clearly work. They wanted it to be made illegal to advertise work for no pay. The actors, along with Equity, had passed details of adverts offering work for no pay to HM Revenue & Customs (HMRC) and felt that some sort of sector specific guidance for employers and agencies in the entertainment industry would be beneficial.

4.48 During a visit to London we met a group of actors who told us of the problems those in the entertainment sector faced. These included: agencies taking their fees from a day’s pay, leaving the worker with less than the minimum wage, and offering no subsequent work to the actor; work being advertised for no pay (but sometimes with expenses); and the complex nature of the regulations in this sector. They told us that those in the industry were reluctant to report abuse for fear that they would subsequently find it difficult to obtain work.

4.49 In November 2009, an Employment Tribunal ruled that workers engaged on an expenses-only basis were entitled to payment at least in line with the National Minimum Wage. The case was brought by a department assistant against a film company and was supported by the Broadcasting Entertainment Cinematograph and Theatre Union (BECTU).

4.50 We have again heard this year about a number of problems faced by those working in the entertainment industry. We understand that the issues are not always as straightforward as they may appear and that two enforcement bodies, HMRC and the Employment Agencies Standards Inspectorate, have an involvement in this sector. 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 in the sector.

We therefore recommend that the Government produces, in conjunction with interested parties, sector specific guidance on the National Minimum Wage for the entertainment sector. We will monitor the situation with regard to this group of workers carefully and, following publication of the sector specific guidance, review the effect of its publication.

More information on the Low Pay Commission is available on their website at www.lowpay.gov.uk

The Draft Programme for our National Arts Student Summit follows. Please register your attendance here

Weds 7^th April 2010.

12.00 – 12.30  Coffee and registration

 An Arts Education, Policies and Innovation 

1.30 – 1.45   Kit Friend Chair of The Arts Group, 

Welcome and introduction to the

1.45 – 2.15 Professor Maureen Wayman OBE “Delivering the Dream”



2.15 – 2.45 Ian Thompson 
Sorrel Foundation, 
”Design and Innovation where do we start?”

2.45 – 3.00 Questions from the floor to the speakers



3.00 – 3.15 Coffee

3.15  -– 4.4 5  Facilitated Group Discussions

6pm onwards – Dinner and Evening activities

Thurs 8th April 2010.

Creative Industries and University Collaboration Opportunities, Barriers and Solutions

             9.30– 10.00  Coffee and registration

10.00 – 10.30 Steve Besley Head of Education Policy Edexcel, speaks on the wider education landscape and what we should prepare for.

10.30 – 11. 00  Marcus Mason, Development Officer, ‘New Deal of the Mind’ 

11.00 – 11.30  coffee

11.30 – 12.45  Workshops

12.45 – 1.45  lunch

1.45 – 2.00 Mark Crawley, National Arts Learning Network “Response and Responsibility”

2.00 – 2.20  Leanne Manfredi, Victoria & Albert Museum

2.20 – 3.00  Facilitators – report back and discussion

3.00 – 3.20  Tea Break

3.20   Plenary and ways forward

3.45    Closing remarks

Coffee

The BBC have published a news feature on the exploitation of interns including a fantastic interview with friend-of-the-Arts-Group Alex Try of Interns Anonymous.

It’s great to see the BBC bringing the issue up. Let’s hope they’ll be paying attention to working practice on all their programmes and making sure to prevent embarrassments like James May’s gloating over the use of unpaid Arts students in his productions.

Full link to the news article: http://news.bbc.co.uk/1/hi/business/8518617.stm

In response to growing concerns over graduate employment (or lack thereof) David Lammy championed Internships and volunteering as access routes into jobs in a release from DBIS this morning just after midnight.

‘Of course students may be concerned, which is why we are working hard to show that real opportunities are available to them including work, further study, volunteering and Internships. Internships are great way for graduates to kick start their careers by gaining the valuable skills and work experience at a time when they face a more competitive job market.’

Yes David, ‘a great way’ for those who can afford to be exploited by organizations violating the National Minimum Wage. Thanks a bunch. Welcome to the only government who simultaneously claims to champion social mobility whilst also using unpaid work as a strategy for streaming graduates for recruitment.

Pre-Registration is now open.

The National Arts Student Summit is open to all representative (from sabbatical officers to course reps) from creative subjects across the UK.

At the Summit you will have the opportunity to debate and discuss the development of Arts Education and Employment from Primary School to the Workplace.

For more information and to pre-register your delegates please click here 

More than 200 new arts jobs across London & Essex have been given the green light thanks to NDotM (New Deal of the Mind).

Working in partnership with a range of arts and cultural organisations including the British Library, Young Vic, Lyric Hammersmith, Notting Hill Mas and the Royal Court Theatre, NDotM successfully bid for funding through the government’s Future Jobs Fund which is aimed at helping find placements for young people who’ve been unemployed for six months or more.

167 people will be recruited through local Job Centres for the jobs in London. Meanwhile, 56 jobs have been created in association with Essex-based Theatre Resource which is one of the biggest disabled-led arts organisation in the UK.

Along with other placements announced previously, this latest announcement means that NDotM has helped identify and secure funding for over 300 jobs in the arts & creative sectors since its launch last March. That’s more jobs than days NDotM has been in existence.

Martin Bright, NDotM’s founder and Chief Executive said, “This is a great start to 2010 and means that 200 young people will be starting work in theatres, libraries, design studios and arts organisations who would otherwise have been stuck on the dole , their creative potential wasted.”

The people who’ll fill the first 30 FJF funded placements at London’s Southbank Centre are expected to begin work in early March.

www.newdealofthemind.com

The agenda and joining instructions for the meeting in Lincoln are ready and can now be downloaded by clicking here

Please register if you have not already done so using this form

The Guardian has coverage of announcements from Shadow culture secretary Jerermy Hunt indicating what a Conservative victory at the general election could mean for the shape of the Arts. Contrary to claims (last year at the launch of the National Campaign for the Arts Manifesto launch) by Ed Vaizey, Shadow Minister for Culture, it appears our sector may also be subject to cuts in funding in response to dwindling public finances.

The coverage is led by the Tory aspiration to enter into a “Golden Age” for the Arts, through encouraging the emergence of a culture of philanthropy equivalent to our American equivalents. This would seem to set us up for tax-related benefits  as well as other measures recommended by Sir John Tusa’s Arts Task Force in their report (see www.artstaskforce.co.uk ). Whilst undoubtebly a good ideal, this is largely unproven in the UK as a model, and would be a massive step to take from recent year’s reliance of much of the Arts on public subsidy. Whether this would be a phased movement, looking to replace public with private funding is not made clear, though as journalist Polly Toynbee commented at the Bright Blue event in Portcullus House this week – cuts are seldom able to be able to be carried out in the the surgical manner that might be desired to produce the “leaner” organizations Hunt perhaps rightly espouses.

Singled out for criticism by Tory policy is the proportion of state funding that goes on the administration of the Arts grant distributors, with organizations including the Heritage Lottery Fund and Arts Council England spending more than 10% of their income in this way. The Arts Council is restructuring to reduce this, but the premise does call in to question the balance of spending across other similar bodies.

The Conservative policy of returning more lottery funding to the Arts is re-emphasised, as is a committment to championing excellence in the arts (perhaps responding to much of the criticism levelled at public art initiatives’ over-emphasis of diversity and localism over quality of practice).

And last but not least, we are assured that free museum entry “is here to stay under a Conservative government”.

Following a warm reception for the Liberal Democrats, who invited us to input on their own Arts Policy, the Arts Group is continuing to speak to the Shadow DCMS team around issues relating to internships and STEM funding following discussions at the Conservative Conservative Arts and Creative Industries Network and other events with Shadow Arts Minister Ed Vaizey. Watch this space for formal responses!

The Guardian article is here: http://www.guardian.co.uk/culture/2010/jan/1Following a warm reception from the Conservatives, who have invited us to their network events, and the Liberal Democrats, who invited us to input on their own Arts Policy, the Arts Group is continuing to speak to the Shadow DCMS team around issues relating to internships and STEM funding. Watch this space for formal responses!4/arts-funding-cuts-proposed-conservatives

Rereading Milburn’s report “Unleashing Aspiration” it’s interesting to note some key points that remain outstanding, and particularly relevant as we head into a year of political change, whenever and whatever the results of the General Election.

The first graph that drew my particular attention concerns the % difference between different professions compared to the family income individuals came from. This seems to be a good indicator of social mobility as much as any can be. The report makes much of the distressingly rising numbers “top tier” of professionals from well off backgrounds but the figures around the Arts is of further interest. We sit as arguably the best of the professions on this graph in terms of a drop in those from well off backgrounds, but it would be interesting to query for how many the Arts actually represents social mobility, especially in a fiscal sense.

Not Arts-specific, but also shocking is the news in chapter 2 that ‘one in six children today grows up in a workless household’ – hard to believe in a supposedly developed country…

The report is well worth a read if you haven’t already, and the summary is excellent…

Download the pdfs here

Our friends at BECTU have fantastic guidelines up on their site, spelling out exactly what makes a good work experience placement, and what employers should do to avoid violating National Minimum Wage (NMW) legislation.

It’s really good to have this stuff spelled out. Recently dealing with a student who’d been denied expenses, it turned out she was probably liable to retrospectively claim NMW too. If you are aware of anyone in a similar situation make sure to give the HMRC helpline a call for advice on minimum wage claims on 0800 917 2368, and for advice on expenses contact contact ACAS (the Advisory, Conciliation and Arbitration Service) for advice on 0845 747 4747.

In the absence of any increased legislation on the horizon, it’s vital none of us are hesitant in making use of what’s already there. With enough people claiming back the money they’re owed it will make company’s think twice about exploiting unpaid workers under the guise of internships/work experience.

Take a look at BECTU’s guidelines here

Image by Ildar Sagdejev (Specious)