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:
- 1. BECTU / PACT TV DRAMA AGREEMENT 1st Jan 2023
- 2. PACT / BECTU Major Motion Pictures Agreement – April 2021 for any feature film £30m or over.
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
- A week can consist of 40, 50, 55, 60 or 72 hours, rates vary. If beyond 48 hours per week over a 17 week average, contracts must be agreed to exclude the 48 hour maximum working week set out under the Working Time Directive.
- A day can consist of 8, 10 and 12 hours, rates vary.
- The maximum number of hours possible for scheduling over a six day period is 72 hours, but rates must reflect this.
- A Continuous Working Day (CWD) may consist of 9 or 10 hours (where a normal working day would be 11 or 12 hours). A CWD does not provide for a fixed lunch break and it also takes 1 hour out of the working day.
- A Standard Working Day (SWD) may 10 or 11 shooting hrs with 1hr meal break ie. 8-7pm or 8-8pm (plus any contracted “prep/wrap” hrs)
- A Semi Continuous Working Day (SCWD) – not defined in agreement 1. But appears in the new agreement 2. Working day runs for 10hrs plus a 30min break for lunch. Will only run due to location requests, directors’ requests or in exceptional circumstances.
- Overtime: Crew should always be asked on the day if they are willing to work overtime, and overtime payments are now calculated as Agreement 1: Total Contracted Day Rate / Number of Scheduled camera hrs x1.5) with minimum payments of £35 or a Maximum of £45. Agreement 2 : (a) For the purposes of calculating overtime, the crew member’s hourly rate is deemed to be his/her contractual weekly rate divided by 55 (Hourly Rate), or for daily crew members, his/her contractual daily rate divided by 11 (save for Rigging Electricians whose rates are as per clause 2.2(a). Overtime will be calculated at either the Hourly Rate multiplied by 1.5 (1.5T) or the Hourly Rate multiplied by 2 (2T), depending on whether overtime comprises Camera Overtime or Non Camera Overtime (see subsections 3.3(a)(i) and (ii) below). The attached Appendix details examples of overtime rates.
- (i)Camera Overtime - Where the producer requests a shooting crew member to render services for the purpose of filming in excess of the shooting hours for a SWD, CWD or SCWD detailed in Section 2.3 above, the crew member will be entitled to overtime at 2T (pro-rated as set out below for partial hours), subject always to the Minimum Overtime Rate set out in subsection 3.3(b) and the Maximum Overtime Rate set out in subsection 3.3(c). No Grace Period is applicable to Camera Overtime. The first 2 hours of Camera Overtime are paid in 15-minute increments and pro-rated accordingly. From the 3rd hour overtime will not be pro-rated for partial hours. It is best practice to endeavour to avoid a 3rd hour camera overtime on any working day.
- - 1st AD
- - Action Vehicle Co-Ordinator
- - Assistant SFX Supervisor
- - Costume Designer
- - DOP
- - Editor
- - Financial Controller/Accountant
- - Chief of Department for Make-Up and Hair Design
- - Producer
- - Production Supervisor
- - Set Decorator
- - SFX Supervisor
- - Supervising Art Director
- - VFX Supervisor
- - VFX Producer
- - Specialist Workshop Supervisor
(ii) Non-Camera Overtime including pre calls and de-rigs is paid at 1.5T for any overtime, payable in 30 minutes increments (and pro-rated accordingly for partial hours) and subject always to the Maximum Overtime Rate and the prep and wrap provisions of clause 3.2.
(b) For shooting crew members, the Camera Overtime rate may be no less than £25 per hour (Minimum Camera Overtime Rate).
(c) For all crew members, the overtime rate may be no more than £81.82 per hour (Maximum Overtime Rate). For the avoidance of doubt the Maximum Overtime Rate shall apply to all hourly rates uplifted hereunder including in relation to 6th and 7th days, Bank Holidays and Pre-Dawn Calls.
(d) For the following grades, eligibility for overtime payments for a crew member whose weekly rate exceeds £3,000 per 55 hour working week will be negotiated on a case-by-case basis and shall be subject always to the Maximum Overtime Rate:
(e) All overtime must be expressly pre-approved by the relevant HOD and the line producer/UPM.
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