Standing up for TV Workers
TV Hell is an independent group, run by UK Television workers, to give their colleagues a voice when they feel they cannot otherwise speak up against illegal and exploitative practises on their productions, and throughout the industry
TV Hell began as a social media account with a purpose of poking fun at ourselves as TV workers and the norms that are accepted as part of the package.
Over time some of these resonated with people who offered their own anecdotes and stories. Once shared it became clear that these lived, mutual experiences were more and more familiar and regularly exploitative.
We discovered that good will or even terms of employment were abused, and along with the fragility of TV working life, people did not feel confident in being able to speak up for themselves for fear of losing work, perhaps their career.
TV Hell moved into a space where, given permission and proof by freelancers, we are able to challenge production companies directly, while calling out the industry as a whole; retaining the freelancer’s anonymity while holding TV to account where we can.
By sharing experiences, we can show that we are all suffering under the same system. It is oppressive and pushes what is meant to be a creative industry to become one where morale is low, decisions are rushed and people’s mental and physical health is put in danger.
We believe while the corners of rank and file television production can often be at odds with one another, the issue is a class one. We often fight among ourselves, where resources, schedules and budgets are unavailable, but must focus on those who create that ecosystem.
Fair working environments, accountability, oversight and reform of the UK TV industry.
Between rate cutting and job squeezing, TV workers are being asked to do more, in less time, for less money, while achieving the same results, to entertain potentially millions.
We believe this is not only exploitative, it is a workplace health and safety and mental health timebomb, where those on the ground are given the responsibility and liability for ensuring the safety and well being of their team, while also being asked to do it under ever increasing pressure.
This applies in Production, Editorial and Post Production.
We believe unscripted has borne a heavy burden, as well as the brunt of detrimental changes to the industry in recent years, where power has shifted too greatly towards employers, who receive growing bonuses on the shoulders of workers who must haggle for £25 a week.
We want to be able to say no. We want employees/workers and freelancers to be able to stand up for themselves against senior staff and production companies, without fear.
We want significant repulation of employment practices in television, and a fit for purpose method of bringing disputes, without endangering the future earnings or reputation of the employee.
We personally want to be able to call out specific companies and if necessary, people, by name. Where people feel untouchable they will not stop taking advantage, and they will push the boundaries.
At TV Hell we know of “talent” who silently carry reputations unacceptable elsewhere, we know of indies working with major broadcasters that permit misogyny in the work place, we know of employers of flagship programmes that dismiss staff when they challenge their working hours.
We can change this by holding it up to the light.
Through the contributions of our network, we are able to both directly challenge the industry, but also act as a much needed outlet to the wider mainstream media.
Our primary role is to react to information brought to us regarding a specific production, company or channel, but also we are able to, thanks to our network, report on live events within the industry, such as bringing the collapse of Channel 4 commissions to light, forthcoming cuts to IWC, and feeding that news to trusted outlets.
We have contact with multiple press outlets, as well as contributing to press and governmental reports into the industry, providing accounts from fellow freelancers, by offering that step of anonymity and separation.
We have challenged a major broadcaster over their commitment to the security of LGBTQ+ employees with the reported casting of a notoriously vocal celebrity. We found their response insufficient in response to the direct question, however the celeb was not ultimately cast. We don’t know if we can claim even 1% credit for that, but in the long run we feel our colleagues are safer regardless.
We have challenged a number of clearly exploitative job postings, mostly aimed at junior staff members. We have seen these removed from forums and jobs boards.
On top of this we have directly contacted senior staff at Production companies we find to be posting unfair or exploitative jobs. Some have changed
We have become part of discussions in wider Television Groups. Either for the good of our reputation or bad, we know that our commitment to even talk back where we see the industry changing for the worse has caused discussion.
We have had strong conversations with senior staff at large and small companies, and it has been shocking to see the divide in perception of the industry from the two sides of the class divide.
We are here to be annoying. Some more professional outfits are making changes at a level that may see long term benefits, but we see television basically getting worse and worse for the teams in offices and on location, trying to fulfil schedules and come in on budget, every year, and can’t wait for things to improve. We’re happy to just call someone up and ask why they are doing what they’re doing. Sometimes we are set straight, some times we get nowhere in a productive sense, but at minimum we know that they know that we know, and that is better than nothing from where we’re standing.
We want to do more.
Working Time Directive
As per Government literature “You cannot work more than 48 hours a week on average - normally averaged over 17 weeks. This law is sometimes called the ‘working time directive’ or ‘working time regulations’.
You can choose to work more by opting out of the 48-hour week.”
This came into force in 1998, and has had an impact on the nature of freelance work from the very beginning. It was up for review in the early 00s but basically got left as it was.
Studies have been undertaken in industries such as hospitality, that share similar levels of failure to regulate, uncovering if not outright documented abuse, then regular anecdotal, instances of individuals being required to do that little bit more, to stay on, to cut breaks short, to go home late and come in early.
TV shares a fair bit with hospitality in this manner, where as an industry it simply would not be able to financially function without the good will of staff that is propagated by their expendability and exploitability as a result of an over availability of workforce.
What studies into the hospitality industry showed was that while certain aspects of the industry were highly regulated, health and safety, cleanliness, hygiene, the welfare and fair treatment of staff was not questioned, This could quite simply be because unlike germs, they can vote with their feet if they don’t like it.
Not that anyone does, because of the above, someone will step in.
What the Opt Out Is
The 48 hour opt out is a function that allows a worker to basically exempt themselves from the law prohibiting workers from doing more than 48 hours a week.
Certain jobs are required to be exempt from this anyway, and some have stipulations that aren’t relevant to our industry, but the idea is that 48 hours is enough for anyone to safely undertake their work, to prevent bosses exploiting you.
The point from the worker side is to allow you to earn more essentially, during busy periods, or shortfall in staff.
These regulations focus mainly on an average worker as you might expect in 1998, and basically imagines everyone clocking into a shift at a factory, for instance. I don’t think they intended for employers to demand that you work at times double the 48hrs for no greater pay.
In theory and legislation, the opt out is done of one’s own volition. However, TV workers will be aware that if you don’t sign it, you don’t get the job.
As you aren’t already employed, there is no case for discrimination, and discrimination law doesn’t cover refusal to opt out in its terms.
What can and can’t be permitted in the employment process can be found here
Employers: preventing discrimination: Discrimination in recruitment - GOV.UK (www.gov.uk)
So while we are essentially over a barrel, you cannot do anything about it.
This stretches into your contract too, once you have been selected. You are permitted to cancel your opt-out (which will be in your contract that is lifted and adjusted almost certainly from a PACT template), with between one week or three months notice.
This is required by law, and a tv company cannot prevent this. If you have a 4 month contract, you can opt out on day one, and be free for the final month.
If you are lucky enough to have that option written into your contract, we can guarantee that the companies terms will only provide for the longest period, 3 months.
As many TV contracts are shorter than that, you are basically unable to cancel your opt out. Again, as you are not yet employed by the company, the discrimination inherent in this blackmail is legally fine.
What the Opt Out Doesn’t Include
Breaks. You are not allowed to opt out of having 11 hours between shifts (so these need to be defined in the call sheet/schedule beforehand, or raised at then end of your shift), but you can defer that time to have compensatory rest at a alter time, providing all your rest time accrues to 90 hours over a week.
Rest breaks at work: Compensatory rest - GOV.UK (www.gov.uk)
Overall your entitlement should be, if you are opting out of the 48 hour week:
An uninterrupted 11 hour rest break in every 24 hour period;
1 uninterrupted day (24 hours) off every 7 days or, at the engaging entity’s choice, 2 uninterrupted days (48 hours) off every 14 days; and
an individual worker can’t opt out of the rest break provisions – a collective agreement is needed to do so
What Are Your Rights?
Productionguildaccounting.com actually has a great little rundown of what rights you have depending on how you are employed to work on a production
Employment Rights
“The particular status of an individual will determine what level of employment rights they have. All employment rights apply to employees while sole traders / self employed / sch D only have limited employment rights (although they have slightly more rights if they are regarded as having ‘worker’ status).
In relation to loan-out agreements, the individual will generally be an employee of their personal service company. This means that they may be entitled to a full suite of employment rights but the engaging production entity is not responsible for providing these – that responsibility lies with the personal service company.
Reference Periods
This is an interesting area of employment law surrounding TV Freelancers, as our contracts typically fall under the standard 17 or 18 week reference period in which your average working hours are judged. It is not beyond the scruples of your average TV company to say your claim to have overworked isn’t applicable as you haven't completed the Gov recommended reference period.
This can be challenged by a workforce agreement at the start of a contract, whereby your team and the bosses agree on a shorter reference period. But, is that really going to happen?
Nonetheless, check your contract to see if this is included, and ask whether you can install a reference period to your contract
Reference Periods | Workforce Agreement | Compliance Hub
Maximum weekly working hours: Calculating your working hours - GOV.UK (www.gov.uk)
ACAS
As they say “Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes.”
They are a great resource for all employment queries, and people I have reached out to when presented with queries from TV workers.
They are more general, so the appallingness of how TV is run can make it harder to get across your exact problem and find a precise solution, but there is usually guidance or understanding at the end of it.
The benefit is there is no touch tone menu stuff, you just wait your turn and talk to someone. Highly recommended
Acas | Making working life better for everyone in Britain
PACT
“Pact is the UK screen sector trade body representing and supporting independent production and distribution companies.”
These are important to know because they represent the people you probably work for. They have the potential for power and change in the industry.
They claim they are “working to ensure the best possible economic, regulatory and legislative environment for them to do business in.”
However, you have seen the state of the industry and where the power lies. Not much of those elements lie fairly between employee and employer.
The TV & Film Charity
Their core values are similar to ours, “To offer a helping hand
to everyone working behind the scenes. We are building an inclusive industry community that will support you through your career and every day.
To catalyse change
To address the challenges and inequalities faced by the people who are the heart of our industry. We amplify under-represented voices, advocate for better work and take action”
They have great resources and are open to offer advice and support, including financial if necessary.
They regularly run surveys to judge the state of the industry and are a go to place if you have a workplace dispute
Our vision and goals - Film and TV Charity (filmtvcharity.org.uk)
The Time Project
Another independently organised group with the intention of holding a light up to inequality and exploitation in the industry.
They look to log as many freelancers hours as possible, in all positions, to judge who needs assistance and where the industry is particularly falling down.
Potential to be an invaluable resource to all.
Time Project (thetimeproject.co.uk)
Your Local MP
If you believe your MP isn;t completely incompetent, you can contact them with your worries about the industry. It at least gets it on record, and BECTU have had some cut through, moreso in the Lords it seems.
A guide for contacting them can be found here How to write to your MP | RESULTS UK
You can find your local MP here TheyWorkForYou: Hansard and Official Reports for the UK Parliament, Scottish Parliament, and Northern Ireland Assembly - done right
From here you can jump to a message writing page where you can contact them.
You can also find their emails here Find MPs - MPs and Lords - UK Parliament
It is possible to create mass action in which a message is sent on your behalf, and one for every other signatory, but these are rarely proven to be effective and I will stop short of saying how to do it, but you can if you want.
Legislation Around TV Workers
BECTU Unscripted
Our current best bet in terms of unifying action. We also have Directors UK and The Production Managers Association, but as an umbrella, the unscripted branch of BECTU is the slowly forming, fairly new standard bearer for our cause.
We’re not here to advocate directly for them, people have had mixed experiences with them, and we haven't needed their support, but they are attempting, as far as we know, to get a seat at the table with those with the power to better legislate and oversee our industry.
I was sent the following I believe from a group chat, but pertains to the potential for strike among workers, and the goals of BECTU
“UK, it has to be done by individual employer/engager. So you’d have to first get union recognition at each individual company (which requires 50% membership at that employer, and doesn’t happen overnight), and then ballot members at each company. That ballot would have to reach a minimum threshold before strike action could be called. As long as the employer has recognised the union because the 50% threshold has been reached.
This is why Bectu’s efforts are focussed on working with the Broadcasters directly to insist on certain minimum T’s & C’s for freelancers on productions.”
The Production Managers Association : Home (pma.org.uk)
Directors UK - One of you, many of us
E-mail: hello@tvhell.uk
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