Culture Fair Work Taskforce minutes: July 2024

Attendees and apologies

Members

• Briana Pegado, Independent Creative Practitioner (chair)
• Tom Arthur, MSP, Minister for Employment and Investment (co-chair)
• Alastair Evans, Creative Scotland
• Ayo Schwartz, National Theatre of Scotland
• BD Owens, Scottish Artists’ Union
• Rosie Aspinall Priest, Independent – advocate for rights of freelancers / workers in creative sector
• Marlene Curran, Equity
• [Deputising] Torquil McLeod, EventScotland
• Lucy Casot, Museums & Galleries Scotland
• [Deputising] Michelle Rolfe, Birds of Paradise
• Ola Wojkiewicz, Creative Edinburgh
• Iain Hamilton, Highlands and Islands Enterprise
• Caroline Sewell, Musician’s Union
• Robert Kilpatrick, Scottish Music Industry Association
• [Deputising] Deeba Ali, Historic Environment Scotland
• Sam Gonçalves, Society of Authors

Observers

• Mark Geddes, South of Scotland Enterprise
• David Smith, Screen Scotland
• Scottish Government officials

Presenters

• Office of Chief Economic Advisor (OCEA) officials, Scottish Government
• Effective Voice Delivery Manager, Inspiring Scotland

Apologies

• Paul McManus, BECTU – Prospect
• Lori Anderson, Culture Counts
• Jane Muirhead, Pact Council and Raise the Roof Productions
• Dave Moxham, Deputy General Secretary, STUC
• Iain Hamilton, Highlands and Islands Enterprise

Items and actions

Introduction

The Chair welcomed attendees to the meeting and reiterated the aim of the taskforce to provide recommendations to Scottish Government (SG) to support delivery of Fair Work First.

The Minister outlined his portfolio responsibilities, including Fair Work, employability, investment, the four-day week pilot, community wealth building and social entrepreneurship. He serves as a champion for Fair Work and is working with ministerial colleagues to promote Fair Work across government. 

The Minister declared his interest as a Musician Union member. He reflected on his first-hand experience of the gig economy due to his background in music and recognised the challenges this presents around security and opportunity.

The minutes and actions of the previous meeting were approved. The Chair welcomed suggestions on the formation of potential subgroups. She highlighted the importance of ensuring best practice from the sector is shared.

Discussion on data (presentation from Office of the Chief Economic Advisor (OCEA) analysts)

OCEA analysts presented their findings on the available evidence on key Fair Work indicators in the creative industries in Scotland. For some areas of the Fair Work framework, statistics for the creative industries in Scotland are not available and can only be disaggregated at UK level.

Many in the Scottish screen sector would recognise a higher level of training than the presented data suggests. Since the formation of Screen Scotland in 2018, delivering meaningful training and engagement has been a precondition of funding. There is further information available in the Economic Value of the Screen Sector in Scotland in 2021 report.

The Chair underlined importance of ongoing research across the sector and the opportunity of the taskforce to make sure this is used and shared.

A potential framing issue with some of the data regarding the proportion of union representation was identified, as it uses the number of employees rather than organisations. The data suggests that the museums and galleries sector has the highest level of union representation, and this is likely due to national and local government museums employing the majority of staff. It is potentially more accurate to look at sector organisations, of which there are over three hundred, than direct employees for this reason.

Data on the protected characteristics of Trade Union members is not available due to GDPR issues. However, there are ongoing efforts by unions to encourage members to take part in surveys.

Scottish Artists Union have recently undertaken a survey which showed that 40% of those surveyed had caring responsibilities, 25% have neurodivergent condition, 33% have a mental health condition and over 42% had experienced some form of discrimination in workplace. They have also conducted research on artist-led organisations.

There was a question on whether the data presented captured those who are subcontracted and thus “hidden”, such as cleaners or front of house staff. Analysts outlined that figures for employment in the sector come from the Annual Population Survey, including freelancers and people operating under the VAT threshold, however, it doesn’t account for everyone. 

The Chair thanked OCEA analysts for their presentation.

Trade union view on the effective voice dimension

Dave Moxham, STUC, was no longer able to present as planned due to illness. The Chair opened the floor to union colleagues to speak on the effective voice dimension.

Trade union representatives outlined that effective voice means collective bargaining and union representation. 

Trade union representatives have noticed a move from organisations away from unions to staff forums, which they see as not harmful but ultimately not as effective. Trade unions already have industry and sectoral agreements. There is the option of voluntary union recognition within organisations that don’t have numbers for statutory union recognition.  

Unions need access to workplaces and workers. Equity have negotiated sectoral agreements which ensure union representatives have thirty minutes access to speak to workers on film productions. It was noted that not all Creative Scotland’s Regularly Funded Organisations are signed up to sectoral agreements.

It is more challenging for the self-employed workforce to have an effective voice, but they are still entitled to fair conditions. The self-employed workforce can still refer to resources and guidance produced by unions.

A lack of transparency between workforce and board members in organisations was highlighted. Some boards do not have representation from the workforce and may not see malpractice. There was a suggestion that the taskforce could work towards recommendations on this point, and on ensuring that demonstrating appropriate channels for effective voice is not a “tick-box exercise” for organisations.

Unions have developed fair work contract templates and are encouraging organisations to use them. There is often a lack of understanding on issues such as intellectual property rights and copyright, and there have been incidences of contracts including what appear to be non-disclosure agreement clauses which hinder the ability for workers to have an effective voice. 

Discussion on Effective Voice

To provide an example of good practice from another sector, an official from Inspiring Scotland presented on the Effective Voice project currently underway in Adult Social Care. 

Effective Voice was identified as an area to improve in social care by the Fair Work Convention in 2019. A draft framework was produced which outlines eight different mechanisms of effective voice, with descriptors of what different standards of practice look like. The purpose of the Effective Voice Framework Project is to test the draft framework with providers. The project was designed by the Effective Voice Stakeholder Group (which included union representation) and informed by lived experience of people in care system. The aim is to produce a report with recommendations on how to improve the framework. 

Members remarked on the usefulness of the framework and the associated knowledge hub, noting its inclusion of resources which provide information on trauma informed care. The framework was seen as a useful tool in demystifying what is expected from organisations. There was discussion on the general lack of understanding of the five dimensions and what is required. 

The Chair noted that a key step in addressing this is facilitating good relationships and highlighted that the taskforce has opportunity to support this. She also recognises the challenging funding landscape for culture and acknowledged that it may be difficult for some to hear feedback on evasiveness and toxicity.

The temporary nature of employment in the arts, with some contracts only for several months, can make it challenging to ensure all workers have effective voice and that organisations are held accountable. 

Developing channels for effective voice is part of a bigger piece of work around positive cultural change in organisations. Some organisations have great deal of reservation due to old narratives on union representation; what has helped in social care is highlighting the benefits to employers. Social care has issues with staff retention so implementing effective voice can help address this.

There was discussion on the need for effective voice to be recognised at a senior level in a meaningful way, and that implementation must be top down. 

The Fair Work First guidance sets out that appropriate channels for effective workers’ voice include trade union recognition but does allow for non-union routes. Staff forums are difficult to assess; guidance around what they look like when they are effective was seen as desirable.

It was noted that any charter or agreement that the taskforce produces would need to be acceptable to industry beyond those in receipt in funding, otherwise there would be a split for those who access funding and those who don’t. There are inconsistencies across sectors on what is regarded as acceptable evidence. There is also good practice in small organisations without professional HR support and without union representation, and so it is important that any potential charter covers the diversity of the sector.

It was suggested that local government representation on the taskforce would be beneficial.

Communications plan

The need for a communications plan was raised at the first meeting. A draft plan was circulated prior to this meeting. The secretariat outlined the context from the Culture Radar report on the need to increase understanding of Fair Work First in the sector. The taskforce was asked to provide their views on the plan via correspondence, and there would be further discussion next meeting.

Closing remarks

The Minister gave thanks for the invitation to co-chair, and the stimulating discussion. He highlighted the importance of flexibility in the development of any future agreements or charters in terms of engagement with trade unions and businesses. He noted the importance of a highly integrated partnership approach and having those on the front line embedded in any framework. He also noted that while aspirations may be shared, employers will be working at different paces. He also stressed the need for agreements to be meaningful and not tick-box exercises. He will be reflecting on the note and stated that his door is always open to members.

The Chair closed by reminding members the next meeting will focus on Opportunity and asked for suggestions for presentations.