Actors are deemed to be 'workers' under NMW Regulations. For employment rights, actors are deemed to be 'employed' and as such pay class 1 National Insurance Contributions. When it comes to Income Tax, Actors are deemed to be Self-Employed. So Actors have ‘dual status'.
Singers and dancers are regarded as 'Variety Artists' and are deemed to be ‘genuinely self-employed'; and therefore have no right to the NMW.
If an actor agrees to work for less than the NMW and signs a document to that effect; then that document has NO standing in law. You cannot sign away your right to the NMW.
Is a Student Film Project liable - to pay you the NMW? In most cases the answer is no. If a Production Company offers you work which is unpaid or below the NMW; then in most cases the company is liable, to pay you at least the NMW.
It depends on the status of those offering you work. A Charitable Organisation, in most, but not all cases would normally be exempt from NMW Regulations. A Production Company could prove they have ‘Charitable Status'; but this is most unlikely.
If you are in doubt - whether or not you have a right to the NMW; then you should contact the National Minimum Wage Helpline on 0845 6000 678. There is a time limit on claims, if you have left that employment.
If an Employer offers you food, travel etc and tries to deduct that cost from your wages; that deduction is illegal - if those earnings then fall below the NMW. If the employer provides accommodation, then only part of that cost can be deducted.
The current NMW Hourly Rate is £Nil for those under the age of 18, £3.80 for those 18-21 inclusive and £4.50 for those over 21.
From 1st October 2004 the rates go up - to £3 for 16-17 year olds, £4.10 those 18-21 inclusive and £4.85 for those over 21.
If you have any doubts on this issue then contact the NMW Helpline as soon as possible, since it is impossible to give all the details, on all the different circumstances on this web page.
Remember, Actors have a legal right to be paid the National Minimum Wage...
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