Working Conditions in the United Kingdom of Great Britain and Northern Ireland

Permits

The UK is no longer member of the EU. From 11 October 2021, Workers from outside the EU, EEA or Switzerland are falling into the Skilled Worker category.

Film workers can qualify as Creative Worker, a category of Skilled Workers.

UK Tax incentive

The UK Offers a fairly robust and health Tax incentive for productions of any level wishing to shoot in the UK.

The system offers British Qualifying films of ANY budget level a rebate of up to 25% and is offered on a “Used or Consumed” within the UK basis.

It should be noted that in order to take advantage of this, the production must first pass a Cultural Test. The production should be operated through a Special Purpose Limited Company (SPV) set up and operated in the UK.

Full Details www.britishfilmcommission.org.uk

Film Collective Agreements

There are now two main working agreements in the UK:

Please note that the new 2023 TV Drama Agreement now recognises 4 budget bands, rather than the previous 3. As this new agreement has only very recently been issued, the departmental Rate Cards all show rates based on the 3 budget band system but it is expected that these rate cards will be updated in the new year.

Entertainment Partners have generates a pretty useful documents details the differences found in the TV agreement. A link can be found here: TV AGREEMENT_EP TAKEAWAYS

Working Hours

Crew Rates

Negotiations between PACT and BECTU over new terms & conditions and rate cards are ongoing. And are different across departments. Unless a rate card is endorsed by both PACT & BECTU (where both logos appear) you should assume the rate card as an unratified guide from the individual department union.

A full selection of available rate cards can be found on the BECTU website, this is updated regularly.
https://bectu.org.uk/get-involved-in-the-union/ratecards

Production Managers should never accept APA rates or terms & conditions on feature films or TV drama, these apply to commercials only.

Construction department operate slightly differently from the rest of the unions. This is the one department who’s rate card is fully ratified, along with a separate agreement which works along side the main Film & TV agreements

Construction Rate Card
https://members.bectu.org.uk/advice-resources/library/2907

Construction Agreement
https://members.bectu.org.uk/advice-resources/library/2830

Social Benefits

Employer’s part (National Insurance in the UK) is 13.8%.
Holiday pay is + 10.77 %. Usually crew rates are quoted inclusive of holiday pay.

Allowances

HMRC recognizes the following rates as exempt from NI or tax as of 6 April 2015 Breakfast: £5 Lunch: £5 Dinner: £10 or £15 if after 2000 Total: £30

When filming, catering will provide a hot breakfast, hot lunch, and sandwiches around 5pm. If working longer than 5 hours after the lunch break a second hot meal must be provided.

When working abroad (outside the UK) a per diem of between £30 - £40 will be payable in addition.

Mileage Allowance: £.45 (45p)/mile for cars, £.24 (24p)/mile for motorcycles. Alternatively a car allowance of around £125/week plus fuel may be paid.

Mileage Allowance: £.45 (45p)/mile for cars, £.24 (24p)/mile for motorcycles.

Alternatively a car allowance of around £125/week plus fuel may be paid.

Meal Breaks

Agreement 1

Meal breaks are given and completed within six hours of the scheduled unit call. For example, with an 8am start, breaks must be given and completed by 2pm. If the break is curtailed or delayed, it is subject to a compensatory payment set out in Clause 9.6. This is a legal entitlement that is also codified in the agreement. In the case of a Continuous Working Day, there is still a legal minimum entitlement to a 20 minute break.

Agreement 2

(a) Standard Working Day (SWD) and Semi-Continuous Working Day (SCWD): During principal photography crew members should be generally entitled to take their lunch break no later than 6 hours after unit call.
(b) If shooting crew members are asked by the producers to:
(i) delay the lunch break, then a penalty will be paid in 15 minute increments at the crew member’s standard Hourly Rate for the period during which their break is delayed, pro-rated for partial hours; or
(ii), curtail this lunch break, then a penalty will be paid in 15 minute increments at the crew member’s camera Overtime rate for the period during which their break is curtailed, pro-rated for partial hours and capped at 1 hour where the crew member is working a SWD and 30 minutes where the crew member is working a SCWD. If non-shooting crew are asked by the producers to shorten their lunch break from one hour, then infringed time will be paid in 30 minute increments at 1.5T. For the avoidance of doubt the Head of Department for non-shooting crew should manage their department so that crew members are able to take their lunch break (save as where requested above). In the event that such Head of Department wishes to curtail or delay the lunch break of crew members, prior approval must be sought from the Unit Production Manager, and the penalties above will apply.
(c) Continuous Working Day (CWD): Food will be provided from 4.5 hours after the unit call and will run for two hours.
(d) Semi Continuous Working Day (SCWD): Food will be provided from 4.5 hours after the unit call and will run for two hours. During this time crew should be given a 30-minute break.
(e) General: Food will be served during the third hour of any Camera Overtime.

Rest Periods

Agreement 1

The law is clear : there should be an eleven hour break between working days. In accordance with this law, every worker should also have at least one rest day per week plus their eleven-hour break between shifts. If your schedule is for one day off (i.e. in an “eleven day fortnight”), your total rest should be 24+11 - 35 hours. If your schedule is for two days off, your total rest should be 48+11 - 59 hours.

Agreement 2

Working Outside the Normal Working Week - 6th and 7th Days
(a) Any 6th consecutive day or night worked will be paid at 1.5T for actual hours worked, with a minimum guarantee of 6 hours for non-shooting crew and 8 hours for shooting crew.
(b) Any overtime worked on any 6th day, if applicable, will be paid in accordance with Section 3.3. 7th Days
(a) Any 7th consecutive day worked will be paid at 2T for actual hours worked, with a minimum guarantee of 6 hours for non-shooting crew and 8 hours for shooting crew.
(b) Any overtime worked on any 7th consecutive day, if applicable, will also be paid at 2T based on the individual hourly rate and in accordance with Section 3.3. For the avoidance of doubt:
(a) Saturdays and Sundays shall not be paid as a premium day unless they are consecutive 6th or 7th days worked; and
(b) all hourly rates for 6th and 7th days are subject to the Minimum Camera Overtime Rate and capped at the Maximum Overtime Rate. Treatment of Travel Days for the purposes of calculating 6th and 7th Day payments For the purpose of calculating the consecutive days or nights worked in accordance with this clause 4, a day or night spent in travel under an official movement order shall not:
(a) Re-set the count of consecutive days or nights worked; nor (b) Count towards the calculation of consecutive days or nights worked; nor
(c) Be paid as a consecutive 6th or 7th day or night worked.

Performers Working hours

Working day/night - 10 hours including 1 hour for lunch Continuous working day - 8 hrs between 7am & 7pm, which must include a running buffet for the artists. Time spent in makeup, hairdressing and wardrobe is included as part of the working day. Nightwork - basic fee + 50% daily fee Work on Sixth day - additional daily fee Work on Seventh day and declared holiday - basic fee + 50% daily fee Daily rest period – normally 12 consecutive hours between calls but can be reduced to a minimum of 11 consecutive hours as a result of production demands Weekly rest period – normally 24 consecutive hours during a 7 day period but can be reduced to a minimum of either 2 rest periods of 24 consecutive hours each during a 14 day period or 1 rest period of 48 consecutive hours during a 14 day period Rest break – uninterrupted rest break of 20 minutes no later than 6 hours from call time (including hair/make up etc) or six hours from last rest break

For Actors’ and other performers rates minimum, please refer to the PACT/EQUITY CINEMA FILM AGREEMENT RATE CARD.

Further details can be found in the EQUITY AGREEMENT

For background artists and extras, consult the Casting Collective Agency

FAA Agreement: FAA/PACT AGREEMENT LINK

FAA Rate Card
https://members.bectu.org.uk/advice-resources/library/3174

When engaging actors under a PACT/EQUITY agreement, your production must be registered with PACT. Upon completion of the registration process the production will be issued with PACT/Equity Contracts (watermarked with the production number). These can only be used on the production you are working on.

PACT/EQUITY may request the use of an Escrow Management Service to ensure the correct funds are held. In this instance your will need the full list of cast due to appear on an equity agreement. The Escrow money will be held until all performance work has been completed.

PACT - Register you production
www.pact.co.uk

Payroll & legal

Understanding the calculations of these agreements can be fairly complicated and time consuming. In many instances this has encouraged productions towards digital timecard and contracting systems.

The primary used systems in the UK are:
Team Engine - www.teamengine.co.uk
Sargent Disc’s CREW START - www.digitalproductionoffice.com

These systems are priced per production and based on the number of generated contacts/time cards.

In addition for payroll the following primary payroll companies will be used by your accounts team.

Sargent Disc - www.digitalproductionoffice.com
TPH Global - www.tphglobal.com
MoneyPenny - www.moneypenny-group.com

Your accounts team / the studio may have a preference of which supplier is used. But it is best practice to Fringe 1% to each person’s crew line to cover the patrolling fees.

For production legal advice and crew contract templates, its best practice to engage the services of a media specific legal firm who understand the landscape and complexities.

A few recommendations are:
Media Wizards - www.mediawizards.tv
Sheridans - www.sheridans.co.uk
Wiggin - www.wiggin.co.uk