Independent Culture Fair Work Task Force Report and Recommendations

Annex A - Letter From Culture Fair Work Task Force Chair to Chair Independent Review of Creative Scotland

Dear Angela,

Thank you for the opportunity to meet to discuss the work of the Culture Fair Work Taskforce at our meeting on 27 May 2025 and to subsequently submit comments to the Review of Creative Scotland.

This short-life delivery group was created in 2024, following a commitment in the Culture Strategy Action Plan (December 2023). The remit of the taskforce as outlined in the draft terms of reference: “to set the direction of Fair Work through recommending a set of priority actions to further the adherence to Fair Work principles in the sector, including consideration of the form and content of a sectoral Fair Work agreement.”

As these pieces of work are running in parallel, we agreed that it would only be possible for the Taskforce to provide broad comments around emerging themes, and some of the key items we consider essential to flag to the review.

We discussed the best approach at the meeting on 3 July and agreed to put our thoughts in this letter which we submit to the Review. It has been agreed through correspondence with the members.

Alastair Evans recused himself from discussions on 3 July and the letter, on the grounds of being a Creative Scotland employee. Rose Priest also recused herself from this letter.

At the heart of the Taskforce is our commission to set the direction of Fair Work through recommending a set of priority actions to further the adherence to Fair Work principles in the sector, including consideration of the form and content of a sectoral Fair Work agreement.

We would like to note our observance of how the Fair Work Convention does not apply to self-employed workers and our overall recommendations which will, in part, focus specifically on self-employed/freelance workers. We would ask that the Review give specific consideration to the implementation of Fair Work with regard to freelancers.

Discussions at the 3 July Taskforce meeting also noted the consideration of embedding the UNESCO’s 1980 Recommendation concerning the Status of the Artist ^[83]recommendations into the Public Services Reform (Scotland) Act 2010 legislation which would centre professional artists and cultural workers in the legislation rather than “those engaged in artistic and creative endeavours”.

This incorporation of recommendations would further clarify the remit of Creative Scotland to support the cultural workforce and would be beneficial for the implementation of fair work practices in the culture and creative industries sector.

In order for Fair Work to be effectively embedded in the culture and creative industries sector, there needs to be conditionality on funding across the sector. It is our view that this conditionality should apply to Creative Scotland and the National Performing Companies as they are funded directly by the Scottish Government. This conditionality is essential for the Scottish Government to reach its goal of being a Fair Work Nation by 2030.

Emerging themes are around data which suggests a need for further data collection and the disaggregation of this data collection to understand the intersecting needs amongst different members of the culture and creative industries sector workforce in Scotland. Creative Scotland could play a leadership role within the sector for data collection and disaggregation. We highlight the need for this data to include culture and creative industries sector workers that are employed across other sectors like the events and hospitality sectors.

The Taskforce would also highlight concerns the sector has relating to Artificial Intelligence (AI) and recommends Creative Scotland take on a larger role safeguarding cultural sector workers from the impacts of AI on the workplace through a dedicated team within Creative Scotland in order to support fair working conditions across the cultural workforce.

The Taskforce also notes the importance of equality, diversity and inclusion. Highlighting the 2023 Scottish Artists Union Members’ Survey, which cites “only 9% of practicing artists” felt that “the current Creative Scotland funding structure understands and addresses the needs of visual and applied artists”. Of these artists surveyed, 25% said that they had a neurodivergent condition, and 33% said they had a disability or long-term health condition lasting more than a year.

A practical example such as best practice for disability access for artists’ speaking events such as the Inklusion Guide. Other marginalised groups such as black and people of colour artists, artists from the LGBTQIA+ communities, artists from marginalised genders, and artists from working class backgrounds are disproportionately impacted by unfair working conditions. These groups in particular need to be prioritised by Creative Scotland.

Given the precarity of work, and of the culture workforce as a whole, our recommendations will reflect ways in which employers and workers can better understand their rights in regard to Fair Work. An information campaign will be required to support this work and resources pooled to support the sector’s understanding of Fair Work principles. This is already part of Creative Scotland’s remit. However, as the review considers its emerging role and remit as an agency, leadership from Creative Scotland in this area to support the sector via sector development is essential.

This leadership could include support for implementing Fair Working practices and updates to the sector on Fair Work best practices that emerge from Creative Scotland’s funding portfolio. Finding ways to share this best practice amongst funded organisations is welcome. A board member dedicated to Fair Work along with Fair Work policies would further enshrine fair work as a Creative Scotland governance priority.

To ensure the principles of Fair Work could be thoroughly considered in the context of Scotland’s creative industries, meetings focus on the Fair Work dimensions as set out by the Fair Work Convention’s Fair Work Framework (2016). These include Effective Voice, Opportunity, Security, Fulfilment and Respect.

Therefore, I would commend the discussions and wider body of relevant evidence the Taskforce has amassed to date – all available at Culture Fair Work Taskforce - gov.scot. The Taskforce notes that implementation of Fair Work will have an associated cost for the sector and specifically for Creative Scotland. More budget would need to be made available to enable Creative Scotland to further the Fair Work agenda.

We aim to share the Taskforce’s recommendations in the Autumn and hope this review will take these recommendations into consideration where they impact Creative Scotland’s remit.

I am happy to clarify any queries from this letter.

Yours sincerely,

Briana Pegado, Chair Culture Fair Work Taskforce

Ayo Schwartz, National Theatre of Scotland
BD Owens, Scottish Artists Union (SAU)
Caroline Sewell, Musicians’ Union (MU)
Iain Hamilton, Highlands and Islands Enterprise
Kathryn Welch, Culture Counts
Marie Christie, Visit Scotland
Màiri Taylor, Birds of Paradise Theatre Company
Mark Geddes, South of Scotland Enterprise
Marlene Curran, Equity
Ola Wojtkiewicz, Creative Edinburgh
Paul Mcmanus, Bectu
Robert Kilpatrick, Scottish Music Industry Association (SMIA)
Sam Gonçalves, Society of Authors
Lucy Casot, Museums and Galleries Scotland
Stephanie Colgan, Glasgow Life