TV Watercooler

"Everywhere and Nowhere" is a big film. It has a cast of household names (Art Malik, Noel Clarke, Saeed Jaffrey) and a very experienced production team behind it (http://www.imdb.com/title/tt1673374/fullcredits#cast). This is not, by any means, a small scale operation - so why are they advertising for illegal unpaid workers?

Vacancy:

Driver Interns

Employer:

E&N The Movie Ltd

Location:

Bucks/London

Duration:

Random Days, starts 16th June

From the director of Kidulthood comes a new and exciting feature!

We are looking for individuals with their own cars to drive our actors. They will need picking up from their home addresses (around London) and taken to the relevant filming location.
Unfortunately, this job will be unpaid but all expenses will be covered and it is a fantastic opportunity to learn more about the industry and gain some experience for your CV!
If you are interested then please call Sophie Olivier.

Thanks!!

Apply to: Sophie Olivier

Dear Sophie,

I apologise for bothering you but I am writing about your advert as I wondered whether this position should paid if you expect this person to do work for you?

Is that not right? I would be grateful if you would let me know.

Best wishes

Unfortunately, as it is low paid on this production we are looking for interns rather than people with experience. This would mean people who are studying for a film degree or interested in the industry can have the opportunity to gain some 'work experience'. We will cover any expenses which they incurr and obviously offer them breakfast, lunch and dinner depending on what time they are around. They are not needed to be there all day and can come and go as they please once they have done the pick ups.

Hope this clears up any confusion you have.

Sophie

Many thanks Sophie however the regulations are very clear that if this is to be excepted as an "internship" it does have to be organised as a specific required part of someone's course and not just resolved by taking on a student. Also you say that this person is not needed to be there "all day" but clearly there is a specific requirement for them to do a job of work for you in terms of picking people up - this does suggest you will be using them aas a worker - should they not then be paid as one?

I have been approached by one person who wanted to do it? Am I not allowed to let them then? Who do you work for?


Hi Sophie, I am just a freelancer. The issue is that if you use them as a worker, you must pay them at least the legal minimum. It's what the law says - can you pay at least this?

No we dnt have the money too hence why I'm using the unpaid part of mandy. Its like work experience. I'm sorry if you don't agree with it. Were not making ppl take part and were covering all their expenses. Were giving ppl a chance to experience the industry.


No Sophie, the Minimum Wage regulations don't work like this. You cannot simply decide not to pay people because you haven't budgeted to pay them. If you use people in this way they must be paid, whether or not they gain valuable experience along the way. It is not simply that I don't agree with it, it is what the law says. Can you address this on that basis?

I dnt understnd why I have to justify to you

So I asked Menhaj Huda of Stealth Films, the Director of "Everywhere and Nowhere":

Dear Menhaj (mh@stealthfilms.co.uk),

Would it be possible for you to confirm that the driver on this film will be paid at least the National Minimum Wage for his/her work, as per the emails below?

Many thanks

No reply.

This film is being billed on IMDB as "shooting from 16 june 2010 to 13 july 2010". If I haven't hear from this company by Monday at 6pm I shall be writing to the agents of the cast members on this production (starting with Art Malik - agent Lucy King lking@unitedagents.co.uk) to ask how they feel about this. I have emailed Sophie, Menhaj and Stealth Films and pointed them to this thread - they would be well advised to do the right thing and confirm they will be paying this workers his/her legal entitlement.

Why do people (yes its "people" as opposed to "ppl") use text speak in emails?

One of my random irritations....innit!

Not a word from this company. I have written to Art Malik's agent to alert him to this and from tomorrow onwards will be making my way through a long list of others to alert them to their use of illegal unpaid workers.

This is the problem with this industry the people or production company with money want to keep it for themselves. It is simple algebra the more I divide the cake the smaller the piece one gets. So when confronted with the question about wages a simple answer is, I didn't know that we had to pay them or it is only an intern...blah, blah

There should be a clear big bold heading on all this sites which allow you to post for unpaid work to remind they about the NMW and the law.

The phrase "Driver Intern" really is stretching any definition of "an internship" further than it could possibly bear. How on earth can driving people around fall into anything which could reasonably be called "an internship"?

It's pathetic isn't it...

You’re right AP, it’s the only one that can be found out there.

The problem with people with the cake is that they have never ever had any need to use any of these sites which should have clear big bold heading about the NMW and the law (coincidently it is still not illegal to advertise no pay jobs - Low Pay Commision Report 2010) but it helps and makes the process a whole lot easier, and if they'll remember whilst busy carving they can always tell someone to do it for them.

http://www.facebook.com/sophie.olivier?v=wall
Christ! Even extras are getting paid on this. Not volunteers this time then? I wish someone could make their mind up. Mind you £60 for “an early start and a long day” might not even stretch to NMW + Holiday Pay.

Then there is this but I’m not an expert on regulations of competitions.

I guess I have to be her friend to se her wall???

Well it took quite a bit of pressure but this one has finally been resolved and the company have at last confirmed that no-one will be taken on unpaid and everyone who works as a Driver on this film is paid.

I think they thought that if they just ignored it, that this would just go away. Big mistake. It is always the worst thing to do just to ignore your legal responsibilities and to assume that no-one will bother to follow it up to a conclusion. They know that for next time (though I am sure there will not be a next time for this company) but it is worth bearing in mind by any other industry employer who reads this...


I have edited my first post to reflect the current situation.

And hopefully next time it may also be possible to consider using FAA/Pact Agreement (if the budget allows for it) to give chance to fulltime Supporting Artistes who do it for a living and to support established Agencies who rely on fulfilling film industry needs.