Parliament will debate an amendment which, if passed, would prevent casting directories – such as Spotlight – and other recruitment platforms for creatives from charging upfront fees to work-seekers. Equity has called the move “an important step towards ending the tax on hope for performers and creatives seeking work.”
The amendment to the Employment Rights Bill is laid by the Earl of Clancarty and supported by the specialist employment rights lawyer Lord Hendy. It is one of many amendments to be debated in the Committee stage of the Bill, which starts on 29 April 2025. The amendment specifically relates to the performing arts and entertainment sectors and calls to “repeal the rights of employment agencies to charge work-seekers for inclusion of information about them in a publication”.
Commenting, Equity general secretary Paul W. Fleming said: “This is an important step towards ending the tax on hope for performers and creatives who have for too long faced unfair financial barriers to seeking work.
“If successful, this amendment would pave the way to end upfront fees for casting directories and creative recruitment platforms for good.
“We want to see a level playing field and ensure fair and open access for all performers and creatives seeking work in this highly competitive industry. We warmly welcome the parliamentary amendment to the Employment Rights Bill and hope it is passed by peers.”
If passed, the parliamentary amendment would change the law to end the carve-out and stop work-seekers, predominantly actors, being charged to be included in casting directories. It would have no impact on platforms which are not specific to the creative industries (i.e. not covered by the carve-out), nor would it have an impact on platforms which do not charge an up-front fee for inclusion. Equity believes that Spotlight could continue to operate under this legal change, by requiring those seeking workers in the performing arts and entertainment to meet the cost of subscribing to casting directories. This would bring labour practices in the creative industries into line with those in every other sector of the UK economy.
Legal background
In most industries, the practice of charging work seekers an upfront fee whether they find work or not is illegal. However, casting directories enjoy a carve-out from regulations governing employment agencies that is specific to the performing arts. Equity believes this is unjust.
The current regulations say that casting directories should only charge a reasonable upfront fee to cover costs. This is outlined in legislation as: “the fee charged to the work-seeker [must] amount to no more than a reasonable estimate of the cost of production and circulation of the publication attributable to the inclusion of information about that work-seeker in the publication.”
Equity believes that many platforms, including major casting directory Spotlight, charge more than “the reasonable cost of production”.
Equity is taking Spotlight to the High Court to challenge their fees, with a hearing date set for July 2025.
TUC Congress unanimously passed Equity’s motion in 2024, which called on the TUC – the national federation of trade unions representing more than 5.5 million working people – to actively lobby the government to support this change.
The amendment reads:
THE EARL OF CLANCARTY
LORD HENDY
LORD CASHMAN
After Clause 54, insert the following new Clause—
“CHAPTER 4
PERFORMING ARTS AND ENTERTAINMENT
Repeal of the rights of employment agencies to charge work-seekers for inclusion of information about them in a publication
- Regulation 26 of the Conduct of Employment Agencies and Employment Business Regulations 2003 is amended as follows.
- In paragraph (2), omit “subject to paragraph (5)”.
- Omit paragraphs (5) to (5C).”
You can read the amendment online.
More information on the Employment Rights Bill timetable and amendments is also available online.
Equity motion passed at TUC Congress 2024
Motion 04 Ban upfront fees charged to performers by casting directories
Congress:
i. notes that, while the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prohibits charging upfront fees to work-seekers in most industries, the performing arts and entertainment industries are exempt from this ban:
ii. recognises that performers and creative workers – and not engagers, casting directors or agents – pay significant fees, often in excess of £180 per year, for their inclusion in a casting directory, regardless of whether or not they obtain work; and
iii. notes that, during a cost-of-living crisis, this cost places a significant burden on workers in an industry already characterised by insecure work and unpredictable income.
Congress calls, therefore, on the TUC to:
a. support the repeal of this unfair exemption for the performing arts and entertainment industries and call for such casting directory fees to be borne by producers, not workers
b. lobby the government to bring forward legislation to remove the exemption.
Read more about our campaign to End the Tax on Hope
