Culture Fair Work Taskforce subgroup minutes: 19 November 2024

Attendees and apologies

• Briana Pegado, Chair and Independent Creative Practitioner
• Ayo Schwartz, National Theatre of Scotland
• Robert Kilpatrick, Scottish Music Industry Association
• Caroline Sewell, Musician’s Union
• Paul McManus, BECTU - Prospect
• BD Owens, Scottish Artists’ Union
• Mark Geddes, South of Scotland Enterprise
• Kathryn Welch, Culture Counts
• Alastair Evans, Creative Scotland

Additional Subgroup Attendees

• Kerrie McQueen, Cove Park
• Veronique Lapeyre, Craft Scotland

Items and actions

Key discussion points

The Chair welcomed members and sub group attendees to the session and set out the purpose of the subgroup.

There was a discussion around the work Cove Park [artist residency] has recently done to embed Fair Work practices and expressed an eagerness to share learning.

It was noted that strengthening Effective Voice should be a key part of any Fair Work Agreement (FWA) and this should focus on the elements of collective voice including collective bargaining and Trade Union recognition. It was also noted that any documents around a FWA will need to be clear from the outset, with a need to avoid ambiguity, to have the desired impact.

The importance of accountability for organisations from the top down including board level was raised alongside access to appropriate education and training which will also be needed to embed fairer working practices for all levels of the sector.

The importance of sharing and communicating best practice to support creatives and organisations was noted.

There is a need to ensure organisations are appropriately equipped to deliver an environment that supports Fair Work and supports them in overcoming challenges presented by the gig economy.

The issue of fair contracts for freelancers which enable Effective Voice as well as discouraging the use of unfair non-disclosure agreements (NDA) was raised. Alongside, the need for fairer copyright licences for freelancers (allowing them to retain control of their own work) and issues faced by artists and other creatives working in rural areas. How to tackle issues faced by the rural economy and how a FWA can support freelancers in this space was discussed.

It was noted that Creative Scotland are keen to move forward on the Fair Work agenda and examine what commitments can be made within their remit and resources, in line with Fair Work already being one of its four identified Strategic Priorities.

It was noted that support for freelance workers needs to look at pay, progression and promotion opportunities. Asked whether a FWA should seek to raise minimal baseline of working practices to avoid poor practice or aim to demonstrate higher levels of exemplary practice. What would the group’s role be in supporting this?

It was noted that this sub group is to discuss recommendations for a FWA in a more informal setting than the main taskforce to encourage open discussion allow opportunities for testing and developing ideas. Asked if members had any questions or required more information on Fair Work or other topics raised? 

There was an ask surrounding what licencing agreements are? Helpful information is available from Design and Artists Copyright Society (DACS) or Musician’s Union.

It was highlighted that the sub group need to look at how members generate income and how allowing creators to retain intellectual property (IP) rights would help with this.

An enquiry was made about the makeup of the sector in terms of scale of employers i.e. how many people employed and do they have HR representation: some smaller organisations do not have HR capacity.

There was a suggestion to look to what are other countries doing i.e. France and the Republic of Ireland (universal income for creatives).

The Government of Ireland’s Basic Income for Artists pilot was noted.

There was a suggestion to look at what other sectors have done on FWA and how it’s been implemented in Scotland. This could give us a better understanding of what can and can’t be included.

It was noted that a number of FWA are being taken forward with the support of the Scottish Government including Hospitality, Construction and Social Care but there is no uniform approach and many are tailored to the unique challenges faced by those sectors

The proposed Freelancers charter in London was noted as a possible relevant UK example for Scotland’s culture sector.

It was suggested that a communications plan could promote and share good practice.

It was noted that some artists aren’t aware of what industry standard rates of fair pay are, particularly for smaller rural organisations and creatives. Asked if the sub group could provide supplementary guidance through the communications plan or a resource hub.

There was a keenness to look at how guidance on rates of pay could be shared or developed.

There was an enquiry as to how far an FWA can extend and what voluntary means in this context. Is there a possibility of legal challenge? This would need to be considered.

It was noted that the intention is for the scope of the FWA is to remain voluntary, meaning it would not be legally enforceable but encouraged across the creative and cultural industries. It was noted for clarity that anything included in the FWA would be separate to conditions relating to Fair Work First conditionality required to access public sector funding. It was noted that it would be sensible to consider any potential legal ramifications of a FWA to ensure good due diligence.

The Chair asked  if members wanted to recommend a Fair Work Charter and if so should it set a baseline or aim for higher standards?

Members shared their views and discussed the merits of both approaches. Members shared the following resources:

• White Pube's work transparency in accounts / payment: Accounts | The White Pube
• Illustrated Freelancers Guide  Illustrated Freelancers Guide

It was noted that there are people with different experiences and skills in the Task Force and a query was raised surrounding how to balance input for equality, diversity and inclusion and other areas in relation to Fair Work.

It was noted that any recommendations for a FWA should be beneficial to align with the intersectional approach taken in the Scottish Government’s Fair Work Action Plan and Anti-Racist Employment Strategy. Alongside this, individual creatives and cultural organisations led by and supporting groups such as women, racialised minorities and disabled people should be consulted for their views.

It was noted that basic things like people having contracts and ensuring they receive their tips should be included. Look to cover the basics.

A question was asked the group are looking to lead as a sector and if this is separate to grant funding conditions as a whole. It was confirmed this was the case.

It was noted that Fair Work was designed to sit over and above. There are template agreements by MU/ BECTU etc. Also initiatives around better work practices and it is considered important that any agreement remains up to date

Considering the time constraints a Charter seem the best approach. As there was considered a need to set out the basics before we can aspire to be better. Thought the Task Force was looking to set out guidance to exceed rather than just meet Fair Work conditions. A Fair Work Charter could form part of a FWA but something more robust and wide ranging.

It was highlighted that there are already lots of good resources out there and that the group just need to make these accessible and understandable for individuals and organisations. This should be considered in a Fair Work Charter.

It was noted that the group could aim to set out minimum standard but then a next tier (intermediate) and another (advanced). There would be a need to look at what stretch looks like for the culture sector.

It was noted that a Fair Work Charter supported by relevant guidance seems the best way to go to follow.

The Chair asked for a vote on the below proposals:

• Recommend a Fair Work Charter and guidance = approved (Unanimous)
• Three tiered approach Basic/Intermediate/Advanced = approved (unanimous)

The Chair then asked that members be split into break out rooms to discuss the below summary points from the discussion so far and to feed back.

• Accountability
• Accessibility
• Freelancers and Self-Employed Workers
• Effective Voice
• Bullying, Discrimination & Harassment
• Health and Safety - What is Minimum Standard and What is Expected/Good Practice
• General Knowledge - Training and Understanding

Feedback - Breakout room 2

• Publicly funded organisations will be held to a higher standard than non-publicly funded organisations due to Fair Work First but the Charter could act as a good marker for where an organisation is on their Fair Work journey and provide a roadmap for future progress.
• However, if an organisation is not in receipt of public funds and is not required to embed Fair Work practices how can we hold them accountable. There is a need to challenge the network of power to raise standards across the board.

Feedback - Breakout room 1

• Similar to room 2 around publicly funded organisations will be held to a higher standard than non-publicly funded organisations.
• There is a need for a mechanism to make the Charter stick. Suggested inserting  signing up to it as a part of collective bargaining agreements (between unions and employers).
• The concept of Fair Work reporting (similar to environmental reporting) was discussed. Having different tiers of the Charter will be helpful in sighting accountability and awareness for funders to raise standards i.e. encourage applicants to meet next tier or at least make it easier for organisations to demonstrate they are committed to fairer working standards.
• Creative Carbon Scotland have come up with quite a lot of useful templates. There might be useful conversations we could have with them / things we could ask them to share about how they work and what's been effective.

Feedback - Breakout room 3

• Highlighted the point that organisations can be too ambitious with programming but don’t consider the cost in paying staff (freelancers in particular). There seems to be a negative cycle of having an ambitious programme to secure funding but not considering the costs in paying freelancers properly. A commitment to a Fair Work Charter would make employer commitments to freelancers more transparent and accountable and help to ensure more realistic programmes of work and better pay and working conditions in the future.
• Spoke about rural organisations who don’t necessarily have the skills or resources to embed fairer working practices effectively. Suggested considering public funding to support these smaller rural organisation to ensure we are having an impact at all levels of Scotland’s culture sector.

The Chair summarised key points, thanked members for attending and closed the meeting.

Actions

• requested that the secretariat paper on the legal basis of a FWA
• asked the Secretariat to engage with other areas working on FWAs and to ask them if they would be willing to speak to taskforce subgroup
• asked the Secretariat for further information on relevant examples from other countries (EU/ Worldwide)