In any given year between 2012-2021, nearly half or over half of the growing film and television industry workforce are considered freelancers. The insecurity of worker’s rights is baked into the terms of the self-employed freelancer, as demonstrated by the Government’s advice on hiring practices for freelancers, consultants and contractors: 

If you hire a freelancer, consultant or contractor it means that: 

• they are self-employed or are part of other companies 

• they often look after their own tax and National Insurance contributions (NICs) 

• they might not be entitled to the same rights as workers, such as minimum wage 

• you’re still responsible for their health and safety 

BECTU suggests a definition of freelancers as follows: 

Although the term freelancer is not defined in employment law, when people speak of freelancers, they usually mean: 

• People who work a series of short fixed-term contracts where they are on PAYE terms 

• People who work a series of short fixed-term contracts who are deemed to be ‘self-employed’ for tax purposes 

• People who work through their own limited companies, supplying labour, services, equipment, and sometimes the services of other people 

• People who are hired to provide a particular one-off service 

WorkWise also highlights the need for a freelancer to have sufficient control over their own arrangements, including, in many cases, the right to substitute someone else to complete the work. 

In 2020, the BFI Research and Statistics Unit noted that this group broke down as follows: 37% PAYE freelancer, 27% sole trader/Schedule D freelancers, and 36% one person companies. This highlights that the definition of freelancer for employment law may not always match the definition for tax purposes. Very often, reports referring to freelancers often fail topreserve or analyse these distinctions as well as their distribution across industry sub-sectors. This is further complicated by the fact that freelancers often change between tax categories as they move from one engagement to another.  

Putting all these categories under the umbrella term ‘freelancer’ makes it impossible to accurately report and monitor the recruitment and departure of these individuals. This confusion also impacts the awareness of the legal responsibilities businesses have towards these different groups. For some businesses, the well-being of freelancers is only taken into consideration during the contractual terms of the temporary skills they bring to a particular phase of production. Their long-term welfare are not always the concern of those who engage them. 

The lack of complete and accurate statistics about freelancers’ movements in, out and across the industry prevents businesses and policy makers from understanding the full scale of the loss of expertise in moments of crisis. This lack of data also makes it difficult to design a robust and effective strategy to create a sustainable and resilient screen sector. This frustration, frequently articulated in our workshop and interviews, is also reported elsewhere. 

Existing detailed data on worker movements produces critical insights. For example, Ofcom requests mandatory surveys as part of providing a licence in the highly regulated broadcast television and radio sectors. Ofcom are able to change their data collection methodologies as needed to fulfil their legal requirement to promote equality of opportunity in radio and television services. Detailed Ofcom data reveals, for instance, how a lack of diversity is worse at senior levels of the television industry. This enables their report to make informed recommendations on how senior leadership can make changes that improve the pervasive inequalities within the system. Even so, Ofcom also report gaps in knowledge; improving data collection remains a priority for them as well. 

Extending the knowledge generation that Ofcom’s remit enables to the rest of the screen industry, including film and advertising production and post-production activities is a suggested recommendation in this Report. How data is collected could be developed collaboratively between Government appointed bodies like the ONS and industry-led advocacy groups. 

Improving data collection across the screen industry would enable better tracking of freelance workforce of all varieties as they enter and leave the sector. 

Much like Ofcom is duty-bound to collect employment data as they approve broadcasting licences, HM Treasury could instruct the inclusion of a mandatory employment and diversity survey as a requirement of receiving tax credits towards film and television production.  

Productions and broadcasters are already required to regularly report to funding organisations and regulators, so the mechanisms to provide data already exist. Recording and scrutinising additional data is a worthwhile investment in growing the creative industry. Without strong data, making any kind of Government decision relies on an unsatisfactory amount of guesswork and uncertainty.  

One of our interviewees pointed out that HMRC know everything about their working practices, and indeed another source of data could be made available, with appropriate anonymisation, for researchers and policy makers to include in their recommendations. 

As the screen industry moves quickly to adjust to global market conditions, the Report also suggested that organisations that collect data should periodically evaluate their systems in conversation with industry stakeholders. Advocacy groups, membership organisations and relevant charities have their fingers on the pulse of the industry. Government should be proactive in including organisations like CIISA, the Film and TV Charity, BECTU, and the Creative Industries Policy and Evidence Centre to regularly update data collection methodologies. Filling knowledge gaps can help Government and stakeholders make better decisions to make the UK’s Film and Television industry a more welcoming, resilient and successful for all involved.