Students: rights at work

This guide is designed to help you stand up for your rights at work as you enter the performing arts industry, either as a student or a graduate. Start familiarising yourself with what you are entitled to by law so you understand what you should expect from your contracts and your work in the entertainment industry.

Most engagers across TV, Film, Theatre and beyond will honour your basic legal protections. But a minority of the companies or people you will work for won’t – sometimes because they don’t know they have to, and sometimes because they think you won’t know what you’re entitled to.

All these rights were won by workers uniting across workplaces, from steelworks to stages, to demand equity. (Note that this isn’t legal advice and you should seek support from us with specific contract issues or problems at work).

Understanding the rights you have

The rights you have at work depend on whether you are:

1. Self-employed
2. A worker
3. An employee

This isn’t determined by whatever the engager has decided to put on the contract but by the reality of the working relationship.There are four main questions to think about:

• Do you have an unrestricted right to provide a substitute to do the work?
• Do you have control over how and when the work is done?
• Does the job involve you taking on a financial burden, or business risk?
• Are you responsible for your own expenses?

If you can answer ‘no’ to these, then you’re very likely to be a worker, but answering yes or no to all of these isn’t necessarily determinative on its own – you will always need advice specific to the job you’re doing. As a general rule:

• Performers and stage managers should be classified as workers.
• Members of the creative team are self-employed and have far fewer rights at work.

Your status for the purposes of employment rights is not necessarily the same as your status for tax and national insurance. Performers and stage managers, like creative team members, are self-employed for tax purposes – but hold a different status for employment rights.

It’s common for both the entertainment industry workforce and their engagers to assume that self-employment status for the purposes of tax and national insurance means that self-employment status also applies to employment rights: this isn’t the case.

The term ‘freelancer’ is useful shorthand for describing the way people in theatre, TV and Film work on a series of fixed term or shorter contracts instead of on a permanent contract of employment, but it doesn’t tell you anything about what rights you hold.

Look out for ‘freelancer’ being used as a way to deny you the rights you are entitled to!

Contracts

A contract is an agreement between two parties that one will do something for the other in return for ‘consideration’ (usually a fee). There must be clear offer and acceptance, and an intention on the part of both parties to enter into a binding agreement.

Contracts don’t have to be formal documents – a contract can be formed verbally, or through a series of WhatsApp messages or emails.

But if anything goes wrong, a verbal contract may be difficult to prove.
That’s why it is always worth confirming your terms of work in writing before you start work, even if this is just over email or message. Equity’s Contract Checklist lists all the provisions of a contract it’s important to clarify. 

Just because you have signed a contract does not mean it’s legal.
Some contract terms breach your legal rights and even if the contract is signed by both parties some terms could be challenged.

An ‘Equity Contract’ should meet or exceed the minimum rate of pay and terms and conditions set out in an Equity Agreement for the work involved. As an Equity member you can check this by referring to the relevant agreement.

Try to familiarise yourself with your contracts and always read a contract before signing it. If you have any questions or concerns about a contract, before or after signing it, send it to Equity for advice.

Working time and holidays

Workers are covered by the provisions of the Working Time Regulations 1998.

These regulations set rules for:

• Maximum weekly working hours: You should work no more than 48 hours a week (unless you opt out of this right).
• Rest periods during the working day and week: You should have rest breaks during the working day of at least 20 minutes if you are working more than six hours, and there should be daily rest of at least 11 hours between the end of a call and the start of work the following day. You are entitled to a 24-hour period free of all work in each 7 days, or 48 hours in a 14-day period.
• Holiday entitlement: All workers are entitled to 28 days holiday per year. Thiscan be pro-rata’d for part-time workers.

When you are not working on an Equity Agreement you might be told that you have no entitlement to holiday because the contract is short, or because it’s not a union contract. This is incorrect: holiday entitlement accrues from the first day of the job. Some engagers will argue that it doesn’t apply in particular sectors of the entertainment industry – this is not true. What matters is how the job is carried out,
not the sector or how long the contract lasts.

Where paid holiday is not possible within a contract, the engager must pay you for the entitlement you have accrued but not taken.

Always check for holiday entitlement or holiday pay in your contracts – and if this right isn’t referenced, contact Equity for advice.

National Minimum Wage

All workers and employees are entitled to be paid at least the National Minimum Wage for every hour worked. When the work you are doing is low paid, you should keep timesheets so you can make sure that you’re not being paid less than this.

The National Minimum Wage rises every April and is different depending on your age. Through the wider trade union movement, Equity is involved in campaigns lobbying the government to abolish the lower rates for younger workers: no landlord charges less rent because you’re 19 instead of 21, and no utility company gives you cheaper electricity because you’re younger.

Your right to the National Minimum Wage as a worker is not a right that you can sign away. This means that even if you have signed a contract accepting a rate of pay lower than this statutory minimum, you are still entitled to be paid no less than this. Equity can support you in asserting that entitlement – even once the job has finished.

Genuinely self-employed people are excluded from the National Minimum Wage. Guidance on negotiating your rates is available on Equity’s website.

Pensions

If you are classified as a worker for the purposes of employment rights then you should expect to be auto-enrolled into a company pension scheme, or have contributions paid in to your Equity Pension Scheme. Your right to pension payments is set out in the Pensions Act 2008.

It is possible for engagers to lawfully postpone pension enrolment by up to three calendar months if they properly comply with regulatory requirements - but you have the right to refuse this postponement and be enrolled from day one. Check your contracts carefully for details about pension entitlements and if there is no reference to these payments then contact Equity for advice on your next steps.

For more information about the Equity Pension Scheme, visit
creativeartspensions.chesterrose.co.uk

Health and Safety

The Management of Health & Safety at Work Regulations 1999 mean that, at a minimum, engagers must:

• Identify hazards (potential causes of injury or illness in the work);
• Assess the likelihood that someone could be harmed by the hazard, and the seriousness of the harm that could be caused;
• Take steps to eliminate the hazard – or if this isn’t possible, take action to control the level of risk.

You should be both consulted and informed about health and safety at work. This needs to happen in order for you to fulfil the responsibilities that you have under the Health and Safety at Work Act 1974, which places a general duty on all of us to take reasonable care for our own health and safety, cooperate with measures the engager has put in place for your protection, and report any hazards you identify in the course of the job.

Many Theatre, TV and Film jobs will include health and safety briefings at the start of the engagement and share written policies with everyone on a particular project. If this doesn’t happen in these or any other sector, you should ask your producer to provide you with the information.

You also have entitlements to minimum standards of lighting, cleanliness, drinking water, washing and changing facilities, and access to toilets.

Unfortunately, it is relatively common for Equity to support members with concerns about health and safety at work. If you have concerns about anything you are being asked to do, or a hazard you have identified in the workplace, contact us for advice.

Equalities

Everybody – whether they are a worker, an employee, or self-employed – has rights under the Equality Act 2010. This Act exists to provide protection from discrimination on the basis of nine protected characteristics, which are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

There are four main types of legal discrimination under the Equality Act 2010, which are:

1. Direct Discrimination: Treating a person less favourably than other people because of a protected characteristic.
2. Indirect Discrimination: When a policy, criteria or practice applies to everyone but effects some people less favourably because of a protected characteristic.
3. Harassment: When someone behaves in an offensive way or tries to make you feel scared or humiliated because of a protected characteristic. This can include verbal abuse, bullying, ‘jokes’, and social media comments.
4. Victimisation: If you were treated badly because you challenged
   discrimination, or you helped someone else challenge discrimination. The actions involved in challenging discrimination are called ‘protected acts’, and include things like complaining to an employer, landlord or business about discrimination, making a formal discrimination claim, and giving evidence to support a colleague’s discrimination claim.

The Equality Act also sets out a duty on engagers to make reasonable adjustments for disabled workers. Equity can advise you on how to request reasonable adjustments, what to do if your requests are refused, and how to access additional support at work should you require it.

You will sometimes be told that you can’t talk about pay with your colleagues, or even that doing so would be a disciplinary matter. Section 77 of this same law makes it unlawful for engagers to tell workers they cannot discuss their pay with each other: racial pay gaps, disability pay gaps, or gender pay gaps cannot be uncovered if workers cannot speak to each other about how much they earn. If you see references to confidentiality about pay in your contracts, tell Equity about it and remind the engager that this is unlawful.

There is more information about each element of the Equality Act 2010, how it applies in workplaces and how Equity can support you on our website. Equity’s work tackling inequality in our industries is led by members on our Equalities Committees:

• Race Equality Committee
• Deaf & Disabled Members Committee
• LGBT+ Committee
• Women’s Committee
• Young Members Committee

Find out more information about their work and how you can contact them.

Bullying and harassment at work

Bullying and harassment constitutes any behaviour that makes you feel intimidated or offended at work. Whilst bullying itself is not illegal, if the bullying relates to any of the protected characteristics listed in the Equalities section of this guide, then it would constitute discrimination. Either way your employer has a duty to investigate seriously any complaint of bullying or discrimination; they are responsible for preventing bullying and harassment and are liable for any
harassment suffered by their employees.

Contact Equity if you are being harassed, bullied or discriminated against – you should not have to put up with bad treatment at work.and we are here to support you.

Sexual harassment at work

You have the legal right to be free from sexual harassment and to be treated with dignity at work. Unfortunately, however, sexual harassment is prevalent in the entertainment industry. In 2024 Bectu reported that more than 9 out of theatre workers had experienced or witnessed sexual harassment, whilst the Musicians Union have found that 41% of musicians have experienced sexual harassment at work. Equity’s research further revealed that only 13% of surveyed members feel that employers in the industry are doing enough to prevent sexual harassment.

In 2024 and 2025 the government strengthened the legal duties on employers to prevent sexual harassment at work. Employers must now take ‘all reasonable steps’ to prevent the sexual harassment of their employees; it is their responsibility to anticipate when sexual harassment may occur and to take all measures to prevent it. This includes third-party harassment, including contractors and audience members. For example, if you are a burlesque dancer your employer is
responsible for preventing any harassment from audience members too.

If you are sexually harassed at work, it is not your fault. Rather your employer could be liable for seriously failing to protect your right to dignity at work. They must investigate it seriously and take considered actions to stop it happening again. You can also report this harassment to the police.

Sexual harassment is not and should not be a feature of your working life or career. Equity is working hard to change and resist the culture of ‘resiliently putting up and shutting up’ with bad treatment, discrimination and harassment.

Find more advice on sexual harassment. If you have concerns about your treatment at work, please get in touch. Every conversation is confidential - we won’t pursue any action without your express consent.

Enforcing your rights

Knowing and understanding your legal rights is one thing – enforcing them is quite another.

Your individual legal rights are always best exercised collectively, because legal processes such as employment tribunals can take months. There is power in collective action: an entire cast speaking up about discrimination will be heard faster than a lone voice, and a group of you pushing back on unsafe practices at work will get them addressed more promptly than having the argument on your own.

For this reason, standing alongside your fellow workers in the entertainment industry as members of a trade union is an important part of your working life. You are each other’s protection, and the union is your shield for defending yourself and each other from bad practice, unlawful acts, and denials of your statutory rights. Knowing those rights is your first step – learning how to enforce them through your trade union is what comes next.

Working in hospitality and retail

Many students and graduates take up hospitality work in bars, restaurants, cafes and hotels across the country. Unfortunately, low-pay, exploitation, and abuse of working rights are rife in the hospitality industry. Employers rely on you not knowing any better, or not believing that you have power to change your working conditions. They exploit the vulnerability that comes from working on what may be your first job. This is why it is so important to know your rights, and to join a trade union that supports workers to enforce them and improve pay and conditions.

Unite, IWGB and UVW are three such unions with experience in the hospitality sector - winning tips back, challenging unsafe working conditions and campaigning against zero-hour contracts. It is most effective to join the same union as your colleagues, so ask around, do your research, and join a union! You can be a member of multiple unions at once.

Your rights working in hospitality

If you are classed as a ‘worker’ you are entitled to:

• National Minimum Wage
• paid holiday
• rest breaks for shifts over 6 hours,
  pensions
• statutory sick pay.

Additionally your employer has a legal duty to take ‘all reasonable steps’ to prevent sexual harassment including third-party harassment by customers.

If you are on a zero-hours contract, you are not obliged to accept every shift offered to you, and you must be paid for all the hours you work including training. Your holiday pay builds up so the more hours you work the more holidays you earn. Finally, your employer cannot stop you from working for other companies.

Sexual harassment is unfortunately common in hospitality work – a 2021 survey found that 47% of workers had experienced sexual harassment whilst a further 69% had witnessed it. We know the actual figures will be much higher than this as research and reporting have highlighted that this behaviour is often normalised, considered ‘part of the role’ and therefore not reported. If you experience harassment or assault in the workplace, it is not your fault and you are not alone,
please reach out for support from trusted friends, family, your trade union and/or report it to the police.

International students' working regulations

If you are an international student on the Student/Tier 4 Visa there are limitations on the number of hours and types of work you can undertake; breaching these can result in a termination of your Student/Tier 4 Visa.

Unfortunately, the Student/Tier 4 Visa does not permit students to be employed as entertainers or to be self-employed/freelancing. This means that as an international student you will not be able to work as an actor or performer on your student visa. The restrictions on self-employed and freelancing work also mean that student stage managers, directors and designers will only be able to work if contracted as a regular employee on a PAYE contract. To do this type of work, you must formally be on your employer’s payroll with a standard worker’s agreement which is an uncommon set-up.

The Student/Tier 4 Visa does however permit you to work outside the
entertainment industry, although with restrictions on the number of hours you can work per week. If you are working for more than one employer, you will need to ensure your total hours do not breach the following regulations:

• 10 hours a week if studying below degree level e.g. CertHE, FdA courses.
• 20 hours a week during term-time if your course is at degree level e.g. BA, MA, MFA.

During your courses’ holiday periods you are permitted to work full-time, but once term recommences, the above regulations will apply.
Whilst you cannot work directly as an entertainer, these regulations do not restrict your ability to work front of house in a theatre or other entertainment adjacent work.

Equity understands that international students’ working regulations unfairly disadvantage students on performing arts related courses who are unable to gain work experience in their subject of study. Equity’s Student Deputies Committee are campaigning to change the regulations and end this unfairness. To get involved in this work or find out more email students@equity.org.uk.