Archives for June 2025

LONDON, 17 June 2025 –  During a House of Lords debate on proposed amendments to the Employment Bill, Baroness Caine of Kentish Town, CBE, called for greater protections for freelancers working in the film and TV industry. The debate was linked to a motion by the Earl of Clancarty to establish an Independent Freelance Commissioner.

Freelancers now make up over 70% of the UK’s production workforce, yet current legislation does not guarantee them the same safety rights, training, or protections as full-time employees. Many fear speaking up about unsafe conditions could damage their job prospects, while short-term nature of productions often blurs lines of responsibility.

Baroness Caine raised concerns about health and safety practices for freelance crew and highlighted the Mark Milsome Foundation’s ongoing campaign to improve safety within the film and TV industry – a sector that we know is largely powered by freelance crew.

Stating “Amendment 287 provides an opportunity to address a long-standing gap in protection for freelance workers. Current laws surrounding health and safety at work are often open to interpretation by those on productions who hire them, and, in some productions, a culture of minimum compliance becomes compounded by an industry that tends to self-regulate. I hope that the Government can find ways to protect freelancers better – if not in the Bill, then by secondary legislation or, following my specific example, by amending health and safety legislation.”

The Foundation was delighted by the response from Lord Katz, MBE, who said:
“It is essential that employers in the creative industries do not use — or rather, abuse — the multifarious employment statuses of those working in the sector to evade their responsibilities, particularly when it comes to health and safety. I am happy to take this back to colleagues in DBT and DCMS.”

“We are incredibly grateful to Baroness Caine for raising the issue of health and safety for those working in the film and TV industry,” said Samantha Wainstein, Chair of the Foundation. “It is deeply troubling that, so many years after Mark was killed, there has still been no legislative change to prevent serious injury or loss of life in an industry fraught with risk. Freelance crew are routinely expected to work dangerously long hours, and too often there is no accountability when things go wrong. We are hopeful that Lord Katz’s efforts to take these concerns to DBT and DCMS will lead to meaningful action.”

The Foundation is encouraged that its voice is being heard at the highest levels of government and will continue to advocate for improved health and safety standards, greater accountability, and lasting change across the film and television industry.

Baroness Caine’s full speech:
My Lords, I support Amendment 287 tabled by the noble Earl, Lord Clancarty, which provides an opportunity to address a long-standing gap in protection for freelance workers. To illuminate that, I will focus on one area of specific concern: health and safety.

At least 70% of the production workforce in film and TV operates on non-permanent contracts. Technically classified as “self-employed”, they do not meet the standard definition of autonomous self-employment. Current laws surrounding health and safety at work are often open to interpretation by those on productions who hire them, and, in some productions, a culture of minimum compliance becomes compounded by an industry that tends to self-regulate. Freelancers often do not raise safety concerns or request reasonable adjustments to the work they are doing, as they fear gaining a reputation for being difficult in highly networked industries where word of mouth is a powerful currency.

To illuminate that further, let me turn to a tragedy raised in this place last February by my noble friend Lady Smith of Basildon—the now Leader of the House—while in opposition, during a very well received debate led by my noble friend Lord Bragg on the contribution of the arts to the UK economy and society. She referenced the work of the Mark Milsome Foundation, a campaign established following the tragic workplace death of this highly respected and experienced camera operator on a film set in 2017. At the inquest on Mark’s death, the coroner concluded that, on that set,

“the risk of Mr Milsome being harmed or fatally injured was not effectively recognised, assessed, communicated or managed”.

Despite these findings, no one has ever been held accountable, suggesting a gap or flaw in the law that needs to be filled or rectified, affording freelance employees the same safety rights, benefits and policies as others in employment.

The Health and Safety at Work etc. Act 1974 states that it is necessary to ensure that there is adequate training of staff so that health and safety procedures are understood and adhered to. It could therefore be argued that legislation is in place. However, the Act does not define “staff”, leaving some companies to believe that they have little legal duty here towards freelance crews. Because of the ways that productions need to work, crews are often asked to waive their rights under the Working Time Regulations 1998, which can lead to dangerously long hours on some productions.
The legislation before us will have a wide and positive impact on both the rights of employees and workplace relations. However, I also hope that the Government can find ways to protect freelancers better, including the many in the creative industries. Despite the brief time I have spent in your Lordships’ House, I understand that there is always caution about turning flagship legislation into what I believe is termed a Christmas tree Bill. In replying, can my noble friend the Minister say a little about the potential for the concerns that have been raised in this debate to be addressed, if not in the Bill then by secondary legislation or, following my specific example, by amending health and safety legislation?
I thank the noble Earl for proposing his amendment. I look forward to playing a continuing role in supporting freelance workers, specifically those in the creative industries, to secure their safety and indeed dignity at work.

The Foundation is encouraged that its voice is being heard at the highest levels of government and will continue to advocate for improved health and safety standards, greater accountability, and lasting change across the film and television industry.