Arts Group

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.

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

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

Settling down for dinner, imagine my surprise to see the BBC openly admitting to the exploitation of unpaid workers in the production of “James May’s Toy Stories”.  To achieve the production of the plasticine garden in the second episode, James May introduces his model maker, and team of ‘helpers’ thus:

‘these art students are an absolutely fantastic find, and very cheap actually! – ‘cos they’re doing it for nothing! But what I haven’t got the heart to tell them, is that this is actually the workhouse, it’s that victorian ethic again’

Hang on a second James – so you’re actually admitting that you’re using these students and exploiting them for their labour to bolster your production? Because that’s what you’ve just admitted to. You’ve just described that they are providing a service that you need, and you’re not paying them. Have you even heard of National Minimum Wage Guidelines? Well done BBC. You’ve broken employment legislation, and then transmitted it, and one of your key presenters bragging about it. Not only that – you didn’t even bother to thank the students amongst the groups at the end of the programme, or even put their names in your credits.

I’m sure these students, and everyone else involved had a great time on the production. But you know what the difference is? If those students hadn’t been roped in, the BBC would have had to pay some poor production assistants to do the job. Instead they circumvented this and cut their costs by exploiting creatives at the beginnings of their careers who were hungry opportunity. This wasn’t “work experience” – you asked them to complete a service for you, and you didn’t pay them. This from an organization that receives public funding. And don’t push any rubbish about voluntary work – this wasn’t a charity project to help the needy, this wasn’t even an internship with the hint of a job at the end of it. The BBC was producing a progamme here – I presume all the management got paid who worked on it, and I’m certain James May got paid for his disrespectful gloating.

The thousands of volunteers who rolled the odd plasticine flower at the ideal home show clearly did this for a bit of fun. Even the Chelsea Pensioners might be justified as doing this as an activity they enjoyed on a casual level (though James May nicely rewards the veterans who’ve defended his country and freedoms by insulting them with a comment about their poor memory), but here in this programme the BBC has abused the labour of young people clearly doing work, and they’ve openly admitted to doing so to cut on the costs of producing a programme.

Shame on you James May. Shame on you BBC. Now go back and pay the people who made your programme possible.

Witness this appallingly casual abuse of labour yourselves by clicking here

On 14th October, Arts Group Chair, Kit Friend, attended the Interns Summit in Portcullis House.

Touted by many attendees as the start of a cohesive movement, there sounds like positive movement will come as a result of this activity. However current discussion from those attending was still focussing around parliamentary interns, quality provision etc – we anticipate a fight for the legisla

Here follows the report from the Office of Phil Willis MP:

Last night around 100 interns, MPs and lobbyists gathered in parliament to demand an end to the abuse of ‘generation intern’.

The event was hosted by Liberal Democrat MP Phil Willis, and featured rousing speeches from The Speaker Rt. Hon John Bercow MP, the Rt Hon. Charles Clarke MP, David Willets MP, NUS President Wes Streeting and president of the parliamentary branch of Unite, Dan Whittle.

The most eagerly anticipated contribution came from Speaker Bercow, who chairs the Members’ Estimates Committee. The Committee will be looking at MPs expenses and pay, including staffing allowances and hopefully the question of interns pay too.

Whilst shying away from directly committing himself to putting the issue on the agenda for the Committee, The Speaker stated that he was very happy to raise it ‘through the appropriate channels’ although ‘this will take time’. He acknowledged that ‘This will not go away, it cannot be brushed under the carpet… I am listening’.

Following The Speaker, David Willets faced the packed room stating ‘I can sense this is the start of a movement, it feels like an uprising!’. Willets made reference to Alan Milburn’s Social Mobility Report published this summer, stating that only 3-4% of interns apply for their positions following careers advice, and called for a ‘revolution’ in careers advice.

With all the talk of revolution and uprising, Wes Streeting and Dan Whittle issued a rallying cry to the interns in the room. Wes Streeting accused many politicians of talking to themselves, and thanked Willis, Willets, Clarke and The Speaker for taking the time to listen. Dan Whittle called for an end to ‘generation intern’, and ended by challenging The Speaker to put this issue on the agenda for the Committee’s first meeting next week, stating that he was ‘disappointed’ by the absence of such a promise.

Phil Willis has confirmed that he will be writing to The Speaker to formalise the request.

Phil Willis said ‘Interns are now an integral part in the staffing structure of our Parliament, it’s essential to kick-on and ensure that they not only receive the appropriate recognition for their contribution, but that the authorities develop a kite mark or minimum standard for internships to ensure that they get a really first class experience and appropriate reward’.

As part of the Arts Group’s work on Emerging Workers, Arts Group’s Chair, Kit Friend, attended the consultation regarding Parliamentary Internships yesterday, and encouraged the initiative to consider the measures recommended as national legislation in the upcoming “Emerging Workers” report to be published soon. These include a 4 week/160 hour limit on unpaid work, and living wage for all interns up to 3 months, whereby they should move to being made regular employees and subject to the same rules and protection.

Phil Willis’ website with continued updates on the Parliamentary Internship enquiry is at www.philwillis.org.uk

More fantastic documentation on the generally shocking state of Internships in this country is at Interns Anonymous