An Employment Tribunal in Reading ruled in November that workers engaged on an expenses-only basis are
entitled to payment at least in line with the national minimum wage, in addition to payment for the holiday they accrue.
The decision arises from a case brought by Nicola Vetta, a former art department assistant, against
London Dreams Motion Pictures Ltd. BECTU [the Cinema Technicians Union] supported the case and welcomed the judgement as an important milestone in efforts to rid the industry of exploitative employers who deny newcomers their lawful right
to be paid for the work they do. London Dreams Motion Pictures Ltd was ordered to pay Ms Vetta a sum in
excess of £2000.
The decision emphasises that creative industry employers are not excluded from obligations under the national minimum wage regulations.
This ruling is likely to impact on the visual arts world, where
internships and volunteering have become the norm, not only for new graduates but more generally for arts professionals and artists seeking to develop their careers.
A survey of visual arts organisations published by the Arts Council [England] in 2006 revealed that: "for every three employees in the [visual arts] sector, two unpaid workers and one freelancer are also employed".
First published: a-n.co.uk December 2009
This is an edited extract from a longer article.
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