“Requiring a director, choreographer or conductor to pay the minimum wage in circumstances where there is no independent funding and the participants have agreed in advance to a profit share arrangement runs the risk of stifling fringe there and other collaborative artistic projects”, according to Paul Jennings, senior associate at Bates Wells Braithwaite.

Paul Jennings’ comments follow his successful representation of Gavin McAlinden at the Employment Appeal Tribunal after an earlier decision ruled that actors hired by McAlinden were “workers” and therefore entitled to the minimum wage. Jennings added: “Clearly the national minimum wage, and the living wage, are exceptionally important and the exploitation of workers is unacceptable. But profit-sharing, in the true sense, does not involve exploitation. It is extremely common for artists to collaborate and agree to work on the basis that they will share any profits generated.”

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Posted on 20/10/2014 in BWB In The Media

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