Equity response to the Department for Education’s consultation Child Performance Regulations: Performance Hours and Breaks
Introductory comments
Equity is the UK based trade union representing 38,000 performers and creative professionals working across the UK’s arts sectors and creative industries. Our members include actors, singers, dancers, variety artists, stage managers, directors, designers and stunt performers who work across various sectors including theatre, opera, light entertainment, film, television, radio, video games and the music industry. We have over 4,800 student members.
In recognition of the fact that larger numbers of child performers are gaining employment in the entertainment industry, particularly in West End and film productions, in 2012 Equity extended membership to performers aged ten and over, with voting rights conferred at age 16. Previously the union had operated a youth membership scheme for performers aged 14 to 16.
Whilst it is absolutely right and essential that there should continue to be rules about when children can perform, in order to safeguard their health, wellbeing and education, it is also important to ensure that child performers are protected from financial exploitation.
As the employment of children in performance increases we believe that when they are engaged on Equity contracts they should be paid at least Equity minimum rates.
Safeguarding against financial exploitation includes protecting children from contracts, such as those that are used by the UK’s broadcasting and producing industries, which attempt to buy-out the child’s Performers’ Rights for a minimum all inclusive fee. The collective agreements that Equity negotiates with broadcasters and producers provide for the payment of ongoing streams of revenue to the performer such as use fees, royalties and residuals and such payments should also be available to child performers.
1. Do you agree with the proposed maximum attendance?
There has been some confusion in the past about the rules relating to different sectors of the creative industries. Aligning rules on working hours and other areas across the sectors could be a useful step forward. However, we have some reservations about how streamlining maximum attendance hours would work in practice as rehearsal periods and working patterns are different across sectors. We are also very concerned that 9.5 hours represents an extremely long maximum attendance period for children aged over 9.
2. Do you agree with the proposed maximum durations? If you disagree please state, and give reasons for, what limits you think should apply.
We are unable to comment until the rationale for extending the maximum hours that a child can perform is more comprehensively explained. In our view the need for older children who are taking part in dance or a performance of a physical nature to properly warm up and be physically prepared for their performance does not sufficiently explain the proposed increase in total performance time for children aged over 9 from 4 hours to 5 hours.
3. Do you agree that the earliest start time should be 7am for all age groups? If you disagree, what time(s) do you propose, and why?
A start time of 7am for children from all age groups is very early in our view, particularly when the travel time required for the child to arrive at the place of performance for 7am is considered. We do not agree that the earliest start time for child performers should be earlier than that of adult performers. Under the Agreement for West End Theatre Artists between SOLT and Equity the earliest start time is 08:00 and under the Agreement for Performers and Stage Managers working in Subsidised Repertory theatres in the UK between the TMA and Equity the earliest start time is 08:30.
4. Do you agree with the proposals for the latest times children can be at the place of performance? If you disagree, what times would you propose, and why?
We do not believe the consultation document sufficiently explains why the Department for Education considers the current latest times that a child can be at the place of performance ‘unduly restrictive’. Greater detail is required before such a significant change should be made.
5. Do you think we need to specify a minimum frequency of breaks? If so, do you agree with the above framework? If you disagree, please give your reasons.
We agree that the minimum frequency and duration of breaks should continue to be set out in regulations, according to age group. We are extremely concerned that for children aged over 5 three breaks in eight hours, only one of which is specified as being for a meal, is not enough.
6. Do you agree that the minimum break required between performances of less than 1 hour should be reduced to 45 minutes? Please give your reasons for your answer.
This appears to be reasonable but would depend on other factors such as the number of performances.
7. Do you think the minimum duration for a meal break should be reduced to 45 minutes? Please give reasons for your answer.
We do not agree that the minimum duration for meal breaks should be reduced from 1 hour (as it is now) to 45 minutes. The duration of meal breaks for child performers should be no shorter than for adult performers and this would be the case if this proposal was taken forward. For example, under the Agreement for West End Theatre Artists between SOLT and Equity meal breaks shall be not less than one hour. A meal break of anything less than one hour is simply not enough. The child performers would need to come out of costume, take comfort breaks, eat and drink, have enough time to digest their food and keep hydrated and also have time to relax and play. It is unrealistic and unacceptable to expect children of all age groups to do this in 45 minutes.
8. Do you agree that, in exceptional circumstances, chaperones should have the discretion to agree an extension to the latest time a child can take part in all types of performance? If so, should it be: A) For up to 30 minutes (as now) B) For up to 1 hour or C) Other
We agree that in exceptional circumstances chaperones should have the discretion to agree an extension to the latest time a child can take part in all types of performance, but that this extension should be limited to up to 30 minutes at the most. Requests of chaperones to exercise their discretion should be very closely monitored to ensure they are only made exceptionally.
9. Do you agree that the minimum overnight break for children aged 2 to 12 should be 14 hours?
Yes. It is important that minimum overnight breaks enable children aged 2 to 12 to get the amount of sleep that is recommended for children within this age group. It is also important to recognise that minimum overnight break periods will include travelling time from the place of performance to the home and back.
10. Do you agree that the minimum overnight break for children aged 13 and over should be 12 hours?
It is important that minimum overnight breaks enable children aged 13 and over to get the amount of sleep that is recommended for children within this age group. Our view is that children aged thirteen and over should also have a minimum break between performances of 14 hours to help ensure that after accounting for travelling time to the home and back they get at least the recommended hours of sleep.
11. Do you agree that the local authority should be able to allow night work in both staged and filmed performances?
We see no need for night work to be extended to staged performances that feature children.
12. Do you agree that the local authority should be able to allow night work in both indoor and outdoor performances?
We are unable to comment until the rationale for proposing this change is fully set out.
13. Do you agree that the maximum number of consecutive days a child can take part in any type of performance and rehearsals should be 6?
We agree that the protection of children from overwork is of crucial importance. Whilst we can see that aligning the broadcast and non-broadcast rules governing the maximum number of consecutive days a child can take part in performance and rehearsals would make the system clearer, we do not understand why a maximum of 6 consecutive days, rather than 5, for all types of performance has been proposed. No explanation as to why the number of consecutive days has been aligned upwards has been given and the reasons for this proposed change should be made clear.
August 2014
Christine Payne
General Secretary, Equity
For more information regarding this submission please contact:
Max Beckmann
Guild House, Upper St Martin’s Lane, London WC2H 9EG
0207 670 0260
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