An hour with... Martin Spence

 

Martin Spence speaking at TUC Congress (2012) on the challenges for workers in the creative sectors. Pic: Stefano Cagnoni/reportdigital.co.uk 

Martin Spence, assistant general secretary of BECTU, gives his insight into issues for new entrants as part of an online Q&A session with BAFTA Crew members in August 2014.

Read on to find out more about BECTU, low-cost insurance, training and more, plus his Top Five Tips for freelancers. 

BECTU - what is it and what does it do?

Q: What is BECTU, and who does it cater for?

A: BECTU is the trade union for everyone working ‘behind the camera’ in film/TV/commercials etc. We cover technicians, craft/design grades and production/admin, from permanent staff in the BBC to freelancers in film. Most of the members I work with and represent are freelance (we also cover staff and freelance workers in theatres).

Q: What are the key aims of BECTU and the benefits of being a member of BECTU?

A: Our core purpose is to defend and improve the pay and working conditions of our members – and if we succeed in that, we are effectively defending and improving things for a lot of other people as well. Individual benefits include advice on pay and contracts, representation and help with problems at work, access to good value insurance and other practical benefits, and the right to participate in our discussions and negotiations with employers and policy-making.

"Young people in entry level positions do have rights, but they are often very reluctant to assert them."

Q: Does BECTU have a position on doing unpaid work in order to develop your CV/show reel? 

A: We are against it [unpaid work]. We do understand the pressure to get your name out there. But we believe that unpaid work skews career opportunities in favour of young people from relatively affluent family backgrounds who can afford to work unpaid for a few weeks or months. And by the same token it shuts out equally talented young people from less privileged backgrounds. That’s bad for the individuals and for the industry.

Q: What kind of legal issues do you find most common for your members? 

A: For freelance members the most common problem is not getting paid for your work, which covers a range of situations from an employer who’s just a bit slow paying up, to a film where the money runs out and the whole things collapses and goes into liquidation.

Other common freelance legal issues are dodgy contracts, and breaches of working time law such as holiday entitlement or rest breaks. And of course there are personal injuries, where someone is injured at work. Our lawyers handle a lot of personal injury cases. I wish they didn’t have to, but they do.

Insurance and training

Q: As a freelance cameraman currently covering news in hostile areas, would you know if the broadcaster I am working for should supply hostile environment training?

A: I take my hat off you to you and hope you’re somewhere safe right now. Short answer, yes they should. I believe that large news organisations like the BBC and Reuters provide hostile environment/warzone training as standard, and any other employer who potentially puts freelance crew in harm’s way should do the same.

Q: How best do you avoid exploitation of entry level positions in the film industry and those moving from one department or sector to another i.e. TV to film or vice versa?

A: The truth is I don’t think we can claim to avoid it. We certainly challenge it when it’s brought to our attention, but I won’t pretend it’s easy. Although young people in entry level positions do have rights, they are often very reluctant to assert them, because they fear it may jeopardise their career before it’s started.

However we have won some high profile victories for some very brave young people and these have made a difference. A few years ago employers said openly that unpaid work was natural and even necessary. Now at least they recognise that it’s against the law.

Q: I have started buying my own camera kit and lens, but haven't organised business insurance yet. Could you tell us what sort of things you need to look out for when you are choosing an insurance policy as a camera person?

A: Two things occur. For your own kit, it’s a false economy to under-insure, make sure the full value of the kit is covered. But second, make sure you’re covered not just for the use of your own kit but for situations when you may be renting or borrowing someone else’s.

Q: I'm in a warzone - how would this affect my insurance?

I’m not qualified to give detailed advice on insurance, but as a matter of simple common sense, yes I would expect it to have an effect, by increasing the premium, or reducing the scope of cover, or both.

BECTU and agents

Q: I'm a Director of Photography and thinking about taking an agent. I am also a BECTU member. Is there any conflict between having an agent and being a member of the union? Does BECTU work with agents to secure best working practices or are there no links?

A: We don’t find serious conflict, but there can be a tension: unions exist to represent members collectively, and agents exist to represent clients personally, so occasionally we bump into each other. Having said that, we have very good relations with some key agents in our sector. We work with them in an ad hoc way, issue by issue, rather than having a strategic tie-up.

Q: How do you see recruitment in UK film and TV changing? Do you have any advice on how crew freelancers can 'future-proof' themselves?

"Have a plan, be clear what you want to achieve and keep looking forward to the next step."

A: We’ve never been busier in terms of production volume, and the industry needs new talent and skills. The downside is that there are also a lot of young people bedazzled by the apparent glamour and not realising that it’s hard work. As for future-proofing, there's no easy answer. Maybe it goes back to my Top Five Tips. Essentially, have a plan, be clear what you want to achieve and keep looking forward to the next step.

Q: Some productions expect you to work 13 or 14 hours a day, then drive home afterwards. What is the union position on working for this long in a day?

A: Two comments. First: you have a legal entitlement to an 11 hour break between your wrap on one day and your call on the next, which includes travel time. At some point, consecutive 13/14 hour days will breach this right – unless they keep putting back the call time, which then becomes a production problem. The 11 hour break includes travel time, so you may still end up getting a lot less than eight hours sleep. In other words this is a minimal, basic right, so worth protecting.

On the question of driving home safely, this is a vexed area, where health and safety law (including rest breaks) bumps up against road traffic law. Health and safety law puts a duty on your employer to provide a safe working environment. But road traffic law puts the duty on you. It says that you should only get into your car and start driving if you are in a fit state to do so.

If you’re really too tired to drive, and have an accident as a result, the first assumption under road traffic law is that it’s your fault. And your insurance provider will probably take the same attitude.

Of course you can argue that it wasn’t your fault, and that you were only tired because of the long hours your employer made you work, and there are some legal precedents which help with this argument, but there is no guarantee.

You know when you are getting too tired to drive safely. So if you’re approaching this point, and your employer continues to pile on the pressure, my advice is to raise it with them and ask if they will provide you with a taxi or other transport home, or overnight accommodation. I know it’s not an easy thing to do, but it’s really not worth risking your life.

Q: I note that there are websites advertising for technical and production jobs vastly under the agreed rates – what can the union do about this? 

A: When we are made aware of job offers which are actually illegal – e.g. advertising unpaid jobs, or pay below the National Minimum Wage – we contact the employers, point out that they are publicly proposing to break the law, and alert them to the possible consequences including getting reported to HMRC. Some listen, some don’t.

The ridiculous thing is that although it’s illegal to employ people in jobs below the NMW, it’s not illegal to advertise those jobs. We have argued with the Low Pay Commission that these advertisements should be declared illegal, and last year we got the Trades Union Congress to back this position.

Top 5 Tips for Freelancers

1. Have a plan. What's your next step? What training do you need? 
    
2. Don't ignore the boring stuff. Clarity, punctuality, invoices, insurance and tax.
    
3. Don't let the bastards get you down. Confidence breeds confidence.
    
4. Network, network, network.
    
5. Join BECTU. For the benefits and services and to become part of the solution.