The UK screen industry faces an extremely volatile economic landscape, exposed to  global and domestic fluctuations in demand and financing. Broadcasters are losing viewers to US streamers and advertising revenue to a market crowded by social media and other online competitors. The BBC is constantly adapting to decreasing income from the licence fee when adjusted for inflation.  

For example, COVID brought all businesses to a standstill, and the screen industry was no different. When lockdowns were loosened, global players like Netflix, Disney and Amazon commissioned record numbers of productions in the UK. This boom had the industry scrambling for freelancers to fill roles, leading to rushed recruitment of new entrants, hasty promotionsof individuals to more senior roles, and increased fees. The decreasing revenues coupled with rising production costs as a result of this boom have created impossible financial circumstances for domestic broadcasters.  

The boom was followed by the US actors and writers unions going on strike, bringing the UK industry to a sudden halt. Streamers froze new commissions as they began to lose subscribers gained during lockdowns as COVID restrictions began to subside globally. Many freelancers reported being out of work for 18 months. The UK industry’s reliance on foreign investment became starkly apparent.  

This ‘boom and bust’ cycle continues today.  

A business model that must respond to volatile international market fluctuations means individuals may rise to management positions without adequate training in employment law or best practices in engaging freelance workers. This lack of formal training for heads of department and those contracting freelancers increases the risk of non-compliance with employment law and working regulations.  

The project-based nature of film and television work means that freelancers are often engaged for a fixed fee and a tight deadline and may end up working far more hours than what is allowed for in the budget and timescale. In an unstable market where freelancers face not working over long periods, there is a tendency to accept poor working conditions as part of the job. The industry has recognised a widespread problem with bullying and harassment that often goes unreported for fear of being blacklisted. 

There have been widespread reports that working conditions often put freelancers at risk of injury, of having their human rights violated and informally working illegal numbers of hours. Freelancers report widespread worsening mental health as a result of the poor working conditions they are expected to tolerate. 

Informal working practices within the screen industry coupled with gaps in training for those engaging and managing freelancers poses a risk not only to the well-being of freelancers, but also to businesses who could face lawsuits.  

The first critical step towards ensuring a sustainable and legally sound future for the UK screen industry is the widespread adoption of agreed standards for engaging freelance workers. 

Gaps in training and persistent informal working practices are beginning to be addressed by both the Government and industry bodies. The Government’s Creative Industries Sector Plan, published in June,  endorsed the Creative Industries Independent Standards Authority (CIISA) to improve standards across the creative industries. 

CIISA has already developed a framework of Standards that establish the minimum expectations of working behaviours initially focused on the film, TV, theatre and music sub-sectors. CIISA’s Standards Advisory Committee, which includes representatives from across the creative industries, will periodically review the framework to ensure it remains current. CIISA plans to work with relevant organisations to encourage adherence to the established standards.  

WorkWise covers important ground in providing industry-led guidance and resources to SMEs and heads of department including information about UK employment law and shared working principles. These are all positive steps in addressing poor working conditions within the film and television industry. 

This move towards standardised and transparent working practices can ultimately save screen businesses money by mitigating the risk of legal challenges, fines, and reputational damage associated with improper or illegal working conditions. By implementing industry-endorsed standards, productions can move away from potentially risky informal practices and towards compliance to their legal requirements. Also, clear standards and well-trained hiring managers will lead to more efficient productions and retain top-flight, experienced freelancers who feel their rights are being respected. 

Implementing a set of agreed standards that makes hiring and working practices less bound by informal practices is a vital first step. The future success of these ventures will depend on appropriate levels of funding and industry accountability. 

An industry-led adoption of agreed standards and training in the engagement of freelance screen industry workers is a vital first step towards full compliance with working regulations and law. 

Improvements in working practices could be built into all film and television productions to ensure they comply with their legal obligations, by implementing systems aligning to CIISA’s standards. 

The widely adopted albert environmental sustainability accreditation shows that industry-wide adoption of standards is possible, if led by the major players like big broadcasters and cable companies. Films accredited by albert receive a kitemark as a seal of approval. A similar kitemark certification for organisations conforming to shared working principles could be encouraged by becoming a requirement for entry in BAFTA awards, for instance, as well as a condition for commissions by UK broadcasters and film funders.  

Adopting a framework of standards can be further enforced by becoming a condition of eligibility for BFI funding and for relevant film/television tax reliefs administered by HMRC, including the UK Independent Film Tax Credit (IFTC) and the Audio-Visual Expenditure Credit (AVEC), with appropriately-funded expansion of the panels that investigate compliance of individual productions. 

The government also has a role to play in designing the scope of the Fair Work Agency (FWA), a new body that aims to streamline the enforcement of worker’s rights.  Enshrining standards relevant to the creative industries as part of the FWA’s remit is crucial. Enforcement and reporting on working conditions should be informed by CIISA’s standards, as well as sector insights from industry union Bectu and sector support organisation the Film & TV Charity.