The following notice has been given on artsjobs.org.uk, the Arts Council England’s Job Site:

due to the high volume of adverts for unpaid opportunities that contravene Minimum Wage Regulations we are temporarily suspending adverts for unpaid work, work experience, voluntary roles or internships. This is so we can make developments to the website that will help users to post genuine volunteering opportunities only and stay within Minimum Wage Regulations.

Arts Council England is committed to ensuring that artists and those who work in the creative industries are properly remunerated for any work that they do. We recognise that there is great value in people having access to proper work experience, where it is offered and arranged properly and is a mutually beneficial arrangement, but that this should never be used as a way of attempting to circumvent the Minimum Wage Regulations.

This is a great mark of progress in the issue being taken seriously, especially in the wake of the embarrassing attempt to violate NMW laws en masse by the Old Vic Theatre recently.

Hello Comrades,

We’ve received the following info from our friends at http://actorsminimumwage.wordpress.com:

Oh what exciting times we live in! Lets rush to the barricades and die singing like French students in English musicals!

The organisers of ActorsminimumWage Blog (whom the Arts Group has been supporting with medical supplies and ammunition – and advice) are working with other actors and revolutionaries to bring the first act of organised resistance against the oppressor.

There is talk of a month long boycott of unpaid theatre to oppose the elitism and exploitation of emerging professionals in the acting profession.

It would be great for members to support this effort, and get you all joining in with the debate: vote and make comments on the Actors Minimum Wage website.

Take part in the poll and read more about la resistance: http://actorsminimumwage.wordpress.com/2010/07/24/the-boycott-question/

Viva la revolucion!

In response to pressure from fair pay campaigners, the Arts Council England (ACE) has begun to crack down on illegal postings on its site Arts Jobs.

Staff at ACE summarized the organization’s stance thus:

We take complaints about postings on Arts Jobs very seriously and it is helpful that you have highlighted adverts for us which do appear to contravene the Minimum Wage Regulations (MWRs). We will ensure that postings which we feel contravene the MWRs are removed and will, where possible, provide feedback to the organisations which posted them.

We understand that the following additional steps have also been taken:

1. The Terms & Conditions of use of the site state:

“you warrant that any posting is for bona fide paid employment or a volunteering opportunity and that you are not in breach of any relevant law from time to time in force including, but not limited to, law relating to employment rights and equality/diversity. You agree that it is your responsibility to obtain proper legal advice regarding your obligations and responsibilities towards those whom your posting is aimed at”.

2. The statement on the front page, which we have recently updated, asks posters to ensure that volunteer opportunities are genuine. ACE has the right to suspend or terminate accounts for people who persistently post “volunteer” opportunities which are not genuine.

3. The moderators of Arts Jobs (Net Efficiency) will be briefed to ensure that their staff are clear about the NMW so that they can recognise when an advert is not for a genuine volunteer opportunity.

4. Enquiries team and other staff will be briefed on National Minimum Wage Regulations.

Whilst a step in the right direction, there does still appear to be a presumption there are many ‘voluntary’ opportunities genuinely advertised in our sector. It’s this author’s experience that a majority of  adverts for “voluntary” or “expenses only” posts actually represent unpaid work, are illegal, and are increasingly being used to replace freelancers. SourceThatJob’s stance on refusing to advertise any unpaid opportunities appears to be a better base to start from given that a lack of paid work and decent wages, rather than a deficit in volunteering, is the key issue for our sector. Nevertheless, any move from such a core organization is to be welcomed. Well done Arts Council!

The summit has be rearrange for July 1st/2nd at University of the Arts London.

Please visit our “National Summit” Pages for more details and to register.

Freshly returned from NUS Annual Conference 2010 it’s my pleasure to report on the Arts Group Policy that was passed by the sovereign body of the largest organization of its kind in the western world.

Safeguarding funding for arts subjects

NUS passed our calls for funding to be specifically identified and ringfenced for the subjects that feed the creative industries, in recognition of the continued and growing contribution that we make to the UK economy. In policy 301 of the Higher Education Zone, the conference acknowledged that:

Despite the substantial and growing contribution the creative and cultural sector makes to the UK economy, the Arts Subjects that feed them consistently face disproportionate cuts.

And in response has mandated the organization to:

For NUS to lobby for additional and protected funding allocation for subjects related to the Creative & Cultural Industries, in addition to any STEM Funding priorities

Fighting the exploitation of Unpaid Interns

After months of the National Executive failing to take any significant action on internships, the Conference passed policy endorsing the work of the Arts Group and other campaigns including Intern Aware and Internocracy. Our amendment (611a) in the Welfare Zone commits the NUS to act as follows:

1.  
   1. To work with Interns Aware, Internocracy, and Interns Anonymous to highlight the challenges facing students and graduates on unpaid internships.
   2. To lobby the Low Pay Commission to clamp down on employers who are breaking the law by not paying the national minimum wage where this is entitled.
   3. To work with the TUC to highlight to students their rights at work, and their entitlement to pay, if a person is undertaking an internship for more than 3 months.
   4. In partnership with the Chartered Institute of Personnel and Development (CIPD) lobby the CBI to implement the Interns Charter across all employers who recruit interns.
   5. For NUS to lobby for a crackdown from the HMRC and other government agencies on unpaid “internships” and other instances of National Minimum Wage legislation being broken.
   6. To work on the proposals for the development of a legal definition of an “internship” and how this may differ from existing work experience and volunteer legislation.
   7. To adopt The Arts Group’s stance that living wage should be awarded to Interns.
   8. To work progressively for more and higher quality work experience and placement opportunities across FE & HE Courses that meet the terms of the Arts Group’s recommendations.
   9.  To ask students’ unions to campaign for a distinction between paid and unpaid internships in University careers’ services.
   10.  To investigate the feasibility of total income (whether from loans, grants, bursaries or payment from employers) for students on placements during their courses to be at least equal to National Minimum Wage for the duration of hours they work.

We can look forward to working with the NUS to make sure that this policy generates tangible activity, despite a poor record from the organization of action on our previous calls for action against Hidden Course Costs, passed at last year’s conference (re-actioned on a wider scale by a motion this year). It’s likely that the best approach for impact on the Internships initially would be the introduction of the Skillset guidelines as a legislative measure, as (despite focussing on National Minimum Wage rather than living wage) they outline a fantastic and clearly thought out system of work-based learning opportunities as well as post-graduation Internships.

“Skillset will from the beginning of April join forces with fashion and textiles to create one of the biggest Sector Skills Councils in the UK.

Following a number of changes to the Sector Skills Council network, Skillset, the industry body which supports skills and training for people and businesses in the UK creative media industries, is welcoming the fashion and textiles sector.

Skillset’s footprint already includes TV, film, radio, interactive media, animation, computer games, facilities, photo imaging and publishing. It will now have a combined portfolio worth more than £45 billion to the economy each year and the move is expected to give employers a stronger lobbying voice on skills issues for the future.

This transition has been seamless and Skillset has a dedicated staff team specialising in fashion and textiles work, many of which have transferred from Skillfast-UK, which previously represented the sector. 

This team will continue to implement the UK fashion and textiles industry-endorsed work programme and Skillset will be able to bid for new funds for training for the sector. The team will include a dedicated Nations manager based in Scotland, whose role is to support work in the devolved nations and a number of qualifications specialists.

Skillset Chief Executive Dinah Caine said: “We are pleased to be expanding Skillset and welcoming new and complementary industries to our sector. There are strong synergies between the skills issues faced by fashion and textiles employers and those in the creative media.

“Shared concerns include the reliance on mostly graduate entry and intense competition from overseas.”

The fashion and textiles sector makes up an important part of the UK economy contributing more than £11.5 billion each year. 

Skillset will be carrying out research to identify skills needs in fashion and textiles and producing an annual assessment of what these are. For a more detailed analysis of the current fashion and textiles skills landscape please read the Strategic Skills Assessment for the UK Fashion and Textiles Sector in the UK at www.skillset.org/research/index/#ssa“

We look forward to working with Skillset in their enhanced remit, particularly our sources suggest the Fashion Houses are far from up to standard in their internship practices and would really benefit from using Skillset’s new guidelines!

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

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

Arts Group Chair, Kit Friend, appeared on the BBC last weekend to defend the rights of interns to proper pay and treatment, highlighting specifically the issues with equality and diversity that the current lack of enforcement encourages.

To see the Arts Group’s recommendations on internships read the Emerging Workers Report here

www.dwpubsporadic.com/2010/01/sourcethatjob-takes-a-stand-over-exploitation.html

The recruitment site for media professionals, which is a sister site of Daryl Willcox Publishing, now no longer accepts advertising from companies looking to recruit people for unpaid internships because it has become difficult to distinguish genuine work experience opportunities from free labour.

In the period since the economic downturn, SourceThatJob.com found there had been a significant increase in the number of internships being offered – yet at the same time the number of genuine media jobs was diminishing.

Unpaid internships are a widely acknowledged part of the media industry and are considered to provide the experience and ‘foot-in-the-door’ necessary to get on the career ladder. However some companies have used this to their advantage, taking on interns in unpaid positions which are usually three to six months long but can be on-going.

“There is a need for young, inexperienced journalists to gain experience, but there is also a risk that employers may exploit their interns for their own gain,” said Daryl Willcox, founder of SourceThatJob.com. “It’s a two way street really, but I think there is a real risk that one side of that street could be wider than the other. Employers that have work experience opportunities with the prospect of a real job at the end often contact colleges and universities directly. We’ve attracted many positive comments supporting our stand – obviously people have differing views, but it’s reignited an important issue.”

A recent survey from the National Union of Journalists (NUJ), of which Daryl Willcox is a member, found that of those who did post-qualification work experience one out of five undertook a placement for three months or more, with some working for over six months unpaid. Further results showed that more than 80% of those on a placement had their work published or broadcast during their work experience. However, 82% of these students did not receive any payment for their work.

In November last year The Employment Tribunals – judicial bodies which determine disputes over employment rights – ruled that workers engaged on an expenses-only basis are entitled to payment at least in line with the national minimum wage, in addition to payment for the holiday they accrue.

Daryl Willcox continued: “Despite this issue receiving a lot of attention, rising unemployment and increased competition for places in the media means it is unlikely that unpaid internships will disappear any time soon. However, a recent Government ‘kitemark’ initiative to highlight quality internships may go some way in helping to identify genuine opportunities.”

More information on the Government’s kitemark initiative can be found here: http://interactive.bis.gov.uk/unleashingaspiration/

Daryl’s internship exploitation podcast can be heard here: http://www.dwpubsporadic.com/2010/03/sourcethatjob-strikes-a-chord-over-media-internship-exploitation.html