Fair Work is still a distant dream for some of Scotland's arts sector

The Herald Scotland

5 hours ago

That's a lot. More than people realise and it is high time they were treated fairly.
Our latest STUC report, Freelance and Forgotten, crashes open the stage door and draws back the curtain on Scotland's arts & culture sector. It paints a very different picture that the reality we dare to dream whilst getting lost in the dazzling performances of our favourite artists. It's a sector of exploitation, insecurity and systemic neglect. The voices of over 800 workers from across the sector were unequivocal: Fair Work is still a distant dream for most creative freelancers in Scotland.
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Fair Work is capitalised for a reason. I refer to the Scottish Government's Fair Work agenda whereby they – and unions too – hoped Scotland would become a leading Fair Work nation by 2025. Needless to say, we haven't.
Not through lack of trying. Trade unions, including our creative unions like Equity, BECTU, the Musicians' Union and others, wholeheartedly support the Fair Work agenda. We want what every worker deserves: decent pay, secure contracts, safe workplaces and a voice on the job. But in the arts sector, this vision is being undermined by structural exploitation and a culture that too often ignores the basic rights and dignity of workers.
Let's be clear: the creative industries in Scotland are not short of talent or value; they're just short of fairness.
Our report reveals that 69% of freelance creatives have faced late payments with one third not being paid at all for work already completed. One respondent described waiting 10 months to be paid by a 'prestigious' university. Others described stolen artwork, ghosting by clients who don't respond to their requests for payment, and having to fight tooth and nail for basic compensation. In any other industry, this would be deemed unacceptable and the culprits named and shamed. In the arts, where word of mouth is often the best way to get your next gig, it's a by-product of a sector that's allowed exploitation to run rampant.
It doesn't stop at pay. Oh no – this sorry chapter has many acts. Nearly 75% of freelance creatives told us they rarely or never have access to a clear and accessible complaints process. More than 50% have experienced bullying, harassment or sexual harassment. Shockingly, 46% reported losing work or income due to illness, bereavement, or maternity leave.
Further, more shockingly, we've seen testimony of workers being offered work in exchange for sexual favours or being throttled and yelled at. This is the reality for many workers in our creative industries. Yet these conditions are a direct contradiction of the Scottish Government's commitment to Fair Work. The principle that everyone should have access to work that is secure, respectful and pays fairly is being flouted in a sector largely supported by public funding. The Scottish Government supports culture and the arts to the tune of £280m a year. Creative Scotland, our national funding body, disperses tens of millions of pounds each year. Yet our report makes clear that the oversight, monitoring and enforcement of Fair Work standards is virtually non-existent for freelance workers.
Too often, freelancers are treated as disposable and expected to deliver world-class work under poverty conditions, without contracts, sick pay, or any of the employment rights unions fight for day in and day out. These are skilled professionals, not cheap labour. They are lighting designers, playwrights, actors, musicians, choreographers, technicians and more. Without them, the spotlights will dim, the orchestra will fall silent and, despite the adage, the show literally cannot go on.
So let's raise the standards as we raise the curtain. We need funding conditions that are tied explicitly to Fair Work standards for freelancers. This means organisations receiving public money must adopt the STUC's Fair Work for Freelancers Checklist, recognise unions as the legitimate voice of workers and work with unions to create binding Fair Work Agreements. Our report also calls for Creative Scotland to be given a specific remit to support workers and monitor fair practice within funded organisations.
We need to end the culture of silence and fear. A third of workers surveyed had signed non-disclosure agreements that silenced them about their work. One respondent described being forced to sign a non-disclosure agreement just to be paid, only to discover the contract banned them from even showing their work in their portfolio. Another told us of being harassed while an entire crew looked on and said nothing.
In any other industry, there would be uproar. In the arts, too many are afraid to speak out for fear of being blacklisted. That is the personification of a power imbalance. Powerful producers, directors, showrunners and more keep workers in a state of silence and fear for worrying about where they may get their next gig. That must end.
As should the awful, derisory levels of pay. More than 80% of respondents reported a real terms fall in earnings, with many struggling to earn even £10,000 a year despite years of experience. Equal pay remains a fiction, with women and marginalised groups consistently paid less than male counterparts for the same work. These issues don't only impact on the workers themselves. They impact on what we see on our screens, on the stage and in our galleries. Working class artists are being driven out of the industry. If Scotland's art and culture is left to those with income and wealth to fall back on, then it won't reflect who we are as a nation.
As we turn up the lights on this sorry saga of exploitation, let's do so in the hope that our freelancers and our creatives can secure decent levels of funding to support their aspirations and realise their creative vision. Fair pay is central to that and the Scottish Government has rightly set high expectations around Fair Work. Now is the time to deliver on those promises.
Roz Foyer is general secretary of the STUC