Culture Fair Work Taskforce minutes: October 2024

Attendees and apologies

Co-Chairs:

• Briana Pegado, Independent Creative Practitioner
• Tom Arthur MSP, Minister for Employment and Investment

Members:

• 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
• Mairi Taylor, Birds of Paradise
• Lucy Casot, Museums & Galleries Scotland
• Inga Dale Steyn, Creative Edinburgh (deputising for Ola Wojtkiewicz)
• Robert Kilpatrick, Scottish Music Industry Association
• Jeni Oliver, Highlands and Islands Enterprise (deputising for Iain Hamilton)
• Caroline Sewell, Musician’s Union
• Kathryn Welch, Culture Counts
• Sam Gonçalves, Society of Authors
• Torquil Macleod, EventScotland (deputising for Marie Christie)
• Stephanie Colgan, Glasgow Life

Observers:

• Scottish Government officials.

Presenters:

• Rachel Morrison-McCormick, Living Wage Projects, Poverty Alliance
• Lynn Anderson, Living Wage Projects, Poverty Alliance

Apologies:

• Lindsey Ross, Historic Environment Scotland
• Jane Muirhead, PACT Council and Raise the Roof Productions
• Marlene Curran, Equity
• Paul McManus, BECTU – Prospect

Items and actions

Introduction and welcome

The Chair welcomed attendees to the meeting and reiterated that the aim of the taskforce is to provide recommendations to the Scottish Government to support and embed Fair Work practices across Scotland’s culture sector and creative industries.

The Chair summarised today’s agenda and asked members to approve the minutes and actions of the previous meeting. These were approved. 

The Minister for Employment and Investment gave a brief introduction and highlighted the importance of security as a key element of Fair Work and the UK Government’s Make Work Pay agenda. He noted that he and the Scottish Government continue to engage with the UK Government on changes to employment law. He wants to hear from employers and unions on issues around employment law so that the Scottish Government has a fully informed position when engaging constructively with the UK Government on their employment policy.

Presentation - Poverty Alliance

Poverty Alliance representatives presented on the topic of the Real Living Wage, Real Living Hours and Real Living Places. This included putting out a call for engagement with creative employers about the barriers to paying the Real Living Wage and implementing Real Living Hours, and to work with them to overcome these barriers. 

Following the presentation the floor was opened up for questions including how the Real Living Wage and Real Living Hours are calculated in comparison to Minimum Income Standard calculations.

Poverty Alliance representatives responded that the Real Living Wage is calculated by the academics from Resolution Foundation who consider the cost of a daily shop and cost of living as well as Consumer Price Index figures for inflation, among other factors. Living Hours are calculated in a similar fashion but focus on the hours required for secure work. Conversely, the Minimum Income Standard is calculated by the Joseph Roundtree Foundation, producing budgets for different household types using a different methodology. Both methodologies produce robust results, however, offering one hourly rate makes the real Living Wage easier for employers to implement.  

A summary of breakout rooms discussion on Security 

Members discussed their aspirations for the sector on the topic of Security, and what needs to be included in a culture Fair Work agreement, in smaller groups.

Summary of discussions

• Feedback included discussion on the right to knowledge at work, and how this was seen as crucial to enhancing security at work. Having a central person or resource that was accessible across the creative industries was seen as a positive means of sharing information on Fair Work practices and workers’ rights and conditions in relation to secure working.
• Additionally, the importance of setting expectations in contractual agreements was also noted as a key element of security at work. 
• Members noted that smaller organisations should be able to look to larger organisations in the sector for good practice examples when considering security at work and apply these practices in proportion to their needs. 
• There remains a need to look for innovative solutions to address a lack of security in the sector for the high proportion of freelancers in the sector. 
• It was suggested that employers could offer freelancers permanent salaried roles when they have worked with an organisation regularly and performed well. However, more thinking needs to be done on how to give freelancers more security in their contracts while allowing them to remain freelance or self-employed.
• It was raised that more organisations should aspire to pay the Real Living Wage and offer Real Living Hours while remaining conscious of business needs, as this can provide greater security to workers and organisations in the longer-term. 
• In addition, organisations need to make better use of contracts to strengthen security, and outline clear policies on roles, responsibilities and raising concerns. 
• It was suggested that the Real Living Wage and union rates should be viewed as the floor (starting point) and not treated as a ceiling (end point) for pay considerations across the sector. 
• Existing policy initiatives to provide security for creative workers in the Republic of Ireland (Basic Income for the Arts pilot scheme) and France were cited as an aspiration for Scotland’s creative industries. 
• There was discussion on the pledge to end exploitative zero-hours contracts in the UK Government’s Employment Rights Bill. 
• Annualised hours contracts were offered as a possibility to provide greater security while maintaining flexibility for business needs. However, members noted that any alternative would need to ensure that workers were provided fair access to the hours available.
• Concerns were raised on whistleblowing and victimisation policies across the sector and the new duty to prevent sexual harassment in the workplace through the Worker Protection Act 2023 - which came into force on 26 October 2024 – was welcomed by members but was seen as only a starting point.
• It was suggested that a lack of security makes it difficult for workers to plan ahead financially but also in terms of career progression. This has a greater impact on groups who already face workplace inequalities including women, ethnic minorities, disabled people and younger workers.
• It was noted that the Real Living Hours accreditation offers a good practice example and could be considered as a security baseline alongside improving the clarity and consistency of contracts within the creative industries.
• Members shared the view that there is an urgent need to address the lack of security in the sector as this is driving good people out of the creative workforce.
• It was put forward that security is one the most challenging dimensions of Fair Work for the Culture sector. The current financial landscape in the sector presents challenges to paying the Real Living Wage and in providing Real Living Hours to all workers, however, achieving this would provide many positive benefits as a result.

Before leaving for parliamentary business, the Minister thanked members for the invitation to co-chair and thanked the Poverty Alliance for their presentation. He welcomed today’s discussions and looks forward reviewing the full note of the meeting. The Minister noted that the Scottish Government is at a key juncture in discussions with the UK Government on changes to employment law, but reiterated his commitment to raise challenges and possible solutions faced by Scotland’s creative and cultural workforce going forward. 

Presentation – Fair Work Agreements (FWA)

The secretariat gave a presentation on examples of Fair Work Agreements, including the recommendations of the recent Fair Work Convention Hospitality Inquiry Report 2024, and considerations for development of a Culture Fair Work Agreement. 

The presentation also included proposals for the formation of subgroups to discuss proposed recommendations in greater detail between meetings of the Culture Fair Work Taskforce. 

Following each subgroup session, proposals would be brought to the full membership of the Culture Fair Work Taskforce for consideration and approval. 

Three subgroup sessions were proposed following the below themes:
Session one - What would the key principles of a Culture Fair Work Agreement look like?
Session two - How can these key principles be turned into achievable and measurable commitments?
Session three - How can we effectively measure the impact of these commitments to monitor and evaluate progress in line with Fair Work dimensions? 

It was proposed that all members of the taskforce would be invited to attend subgroup sessions on a voluntary basis depending on their availability.

Members were asked for their view on the below points:

• Do the examples set out reflect members’ understanding of a Fair Work Agreement?
• Do members agree with proposed approach - including the formation of a Taskforce Subgroup as proposed?
• Would anyone like to volunteer to join one of the Subgroup meetings?
• Would members like to create a Fair Work Charter as part of any recommendations for a Fair Work Agreement?
• Do members agree with the below definition of ‘freelancers’ to cover all non-employees and simply language going forward?
• “When the term “freelancer” is used, it will be assumed to refer to self-employed creatives, or contractors who are not afforded the same rights as employees.”  

Taskforce members agreed to the proposed approach and points above, with the caveat to consider the definition of ‘freelancer’ terminology and feedback any suggested changes before the next meeting.

Any Other Business

The Taskforce Secretariat proposed dates for the following future meetings:

• Taskforce Subgroup - session one – 14:00 – 16:00 on Tuesday 19 November 2024.
• Next Meeting of the Culture Fair Work Taskforce is scheduled for 15:00 – 17:00 on Thursday 12 December 2024.

Actions

• Secretariat to send out meeting invites for the first subgroup session.
• Secretariat to send out invites for the Next meeting for the Culture Fair Work Taskforce which will focus on the Fulfilment dimension of Fair Work.