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.
Non-visa nationals (who meet the sponsorship criteria) can work for a maximum of three months on a UK TV/film production with just a certificate of sponsorship (CoS), and don’t need a visa. This is a quicker (and usually cheaper) process than applying for a full visa.
If an international production company requires non-UK nationals to come to the UK for only a location shoot, then entry as a visitor may be adequate.
Details: www.britishfilmcommission.org.uk
UK Tax incentive
The UK offers a fairly robust and health Tax incentive for productions of any level wishing to shoot in the UK.
AVEC
The Audio Visual Expenditure Credit (AVEC) offers British Qualifying films of ANY budget level a rebate of up to 25.5% (subject to 80% cap) 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.
IFTC
A new UK Independent Film Tax Credit (IFTC) has been introduced in 2024, at a net rate of 39.75% (subject to the 80% cap). This will be available from 1 April 2025 (for productions on which principal photography begins on or after April 1, 2024) to films with budgets up to £15m that meet the criteria of a new BFI UK creative practitioner test. https://www.saffery.com/insights/articles/independent-film-tax-credit-iftc/
ADDITIONAL AVEC FOR VFX SPEND
Under the AVEC, UK VFX costs on film and high-end TV productions will receive a 5% increase in tax relief, for an overall net rate of 29.25%. The Government will also remove the AVEC’s 80% cap on qualifying expenditure for UK VFX costs. These changes will take effect from 1 April 2025 in respect of expenditure incurred on or after 1 January 2025.
Full Details www.britishfilmcommission.org.uk
Film Collective Agreements
There are now two main working agreements in the UK:
- 1. TV Productions: BECTU / PACT TV DRAMA AGREEMENT 1st Jan 2023
- 2. FILM Productions: 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. 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
Be aware that working hours and overtime calculation are different in the TV agreement and in the FILM agreement.
Also note that the Film MMP agreement only apply to film with a budget over £ 30M (Thirty Million Punds Sterling). There is no collective agreement for Film with a budget below £30M.
Working Hours
The shooting day is paid as 10 Contracted Hours in TV, and 11 hours in Film, and may be scheduled in three different ways at the producer’s discretion:
- A Standard Working Day (SWD) is 10 (TV) or 11 (FILM) shooting hrs with 1hr meal break ie. 8-7pm or 8-8pm
- Continuous Working Day (CWD) may consist of 9 (TV) or 10 hours (FILM). A CWD does not provide for a fixed lunch break and it also takes 1 hour out of the working day.
- A Semi Continuous Working Day (SCWD). Working day runs for 10hrs plus a 30min break for lunch. Will only run due to location requests, directors’ requests or in exceptional circumstances.
- Will only run due to location requests, directors’ requests or in exceptional circumstances.
Please note: Rigging Electricians have a separate definition of Standard Working Day, being 9 hours worked and 1 unpaid hour for lunch, with overtime due after 10 elapsed hours. All overtime will be based on the same principles as the shooting crew but the Hourly Rate will be defined as the daily rate divided by 9
Overtime
Overtime must be expressly pre-approved by the relevant HOD and the line producer/UPM and Crew should always be asked on the day if they are willing to work overtime.
Six days are paid at 1.5T (only if worked more than 6 hours) and seventh days are paid 2T the hourly rates
Overtime payments are now calculated as follow:
Agreement 1 (TV):
- Contracted Hours start from crew member Individual Call Time.
- Hourly rate is calculated as crew member daily rate divided by 10
- Overtime is payable at the Hourly Rate multiplied by 1.5T, subject to the minimum of £ 35 and a maximum of £ 70 per hour or, if greater, the Worker’s Hourly Rate, pro-rated for partial hours.
- Overtime (shooting and non-shooting) accrues in 15 minute increments.
- Time worked in breach of the Turnaround Period (rounded up to the nearest 15 minutes) will be paid at an enhanced rate of 0.5T
- Overtime after 11PM is paid at an enhanced rate of 2T the hourly rate.
- Workers in the following departments are engaged to provide and are paid for 10 + 1 + 1 Contracted Hours during the shooting period.
- Assistant Directors
- Costume
- Hair and Make-up (and Prosthetics)
- Locations
- Production
- Script Supervisors
The Additional Contracted Hour is paid at the worker’s hourly rate, does not constitute Overtime and forms part of the standard working day.
Agreement 2 (FILM):
- Hourly rate is calculated as crew member daily rate divided by 11
- NON CAMERA Overtime (including pre calls and de-rigs) is paid in 30 minutes increment at the Hourly Rate multiplied by 1.5T, subject to a maximum of £81.82 per hour.
- CAMERA Overtime is payable in 30 minutes increment. Prorata at the Hourly Rate multiplied by 2T, subject to a minimum of £25 and a maximum of £81.82 per hour.
- For the following departments (with the exception of crew rendering services in a workshop), the crew member’s rate is deemed to include up to 30 minutes at the beginning and 30 minutes at the end of each day, if required, without any overtime being due:
- ADs
- Costume
- Hair and Make-up
- Locations
- Script Supervisors
VFX - 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:
- 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
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
Workers are entitled to take their lunch break no later than 6 hours after the Unit Call Time. If Workers are asked by the Producer to delay their lunch break, then a penalty will be paid in 15 minute increments at the Worker’s Overtime Rate for the period during which their lunch break is delayed, pro-rated for partial hours; or if they are asked to curtail their lunch break, then a penalty will be paid in 15 minute increments at the Worker’s Overtime Rate for the period during which their lunch break is curtailed, pro-rated for partial hours and capped at 1 hour where the Worker is working capped at 1 hour where the crew member is working a SWD and 30 minutes where the crew member is working a SCWD.
Please note that in the Film Agreement Shooting Crew’s curtailed meal is paid at the Camera Overtime Rate (2T).
On Continuous Working Day (CWD): Food will be provided from 4.5 hours after the unit call and will run for two hours.
On 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.
General: Food will be served during the third hour of any Camera Overtime.
Rest Periods
Agreement 1 (TV)
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 (FILM)
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.
Alternatively, a production not registered with PACT can register directly with Equity.
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