Good onboarding, especially of freelancers, creates an environment where the role, company policies and company culture are quickly understood.
Paperwork and pre-employment checks
In industries that hire individuals in a variety of ways (Fixed term PAYE contracts, self-employed ‘workers’, independent contractors, consultants and service providers), it is important to determine the correct employment status of the person being hired, ensuring they receive the correct contract.
There are three relevant employment status options: employee, worker, independent contractor. This is particularly relevant in the screen industries in terms of tax status (which can differ from employment status) and relates to HMRC guidelines for behind camera workers. For independent contractors working via their own Limited Company this can involve IR35.
Read more about IR35 here: Off-payroll working (IR35): detailed information.
Research the types of employment status here: Checking your employment status
Written statement of employment particulars
All employees (those on PAYE contracts – including fixed term) and those who hold ‘worker’ status are legally entitled to receive a document on their first day of work (Employment Rights Act 1996) outlining the following:
- Place of work,
- Job title
- Hours of work
- Details of salary, pay intervals and method of payment
- Holidays and public holiday entitlements
- Benefits, including any pensions provision
- Details of probationary period (if applicable)
- Sickness procedures and sick pay details (if applicable)
- Notice periods
The document should also clearly state that the offer is subject to satisfactory pre-employment checks, and if the employment is fixed term, the end date. This document often comes in the form of a Deal Memo.
A written statement of employment particulars is not an employment contract and should not be used as such. However, it can form the basis of the legal contract of employment. If issuing an employment contract on or before the first day of work, there is no need to issue a separate written statement of employment particulars.
Check out these essential resources:
Ensure that all relevant paperwork in terms of personal information (including emergency contacts), bank details, diversity monitoring forms, and new starter forms (if PAYE) have been filled in and given to the appropriate person.
Right to Work
All employers must legally check a candidate's right to work before they start any job. The only exception is with independent contractors (those working via their own Limited Company), who are responsible for ensuring their own right to work status. However, it can be good practice to check the Right to Work status of anyone being engaged to work on a production.
During the pandemic, the Government adjusted right to work checks so that they could be performed remotely. The option to check original documents by video call ended on 1st October 2022. Employers are now required to check British/Irish nationals' right to work in either of the following ways:
Face-to-face
A meeting with the new employee in person and checking their right to work documents are original and match the identity of the employee. This document should be copied, signed and dated by the person checking the document.
For example: I [insert name] verify that this is a true likeness of [insert name from right to work document] and that I have seen the original document. Sign the copy and date it.
Online
Appointing an Identification Service Provider who will check the passport on behalf of the employer. The provider will charge a fee for this service.
If checking right to work documents while on location, you must still ask to see the original document, such as a passport, which you can then take a digital image of and send by email (from the person who checked the right to work) confirming that you have seen the original document and that it is a true likeness of the person presenting it.
Employers checking the right to work of non-British/Irish nationals is simpler. A share code should be obtained from the employee and entered into the online Employers Checking Service. There is no charge for this service.
The penalties involved for employing illegal workers and not having carried out the correct right to work checks significantly increased on 13th February 2024.
Make sure you read this essential guide on right to work checks.
Reference checks
Employers are under no legal obligation to obtain an employment reference for a prospective employee and have no automatic right to receive a reference from a previous or current employer.
It is good practice for organisations to request, and obtain, references after an offer of employment has been made to the individual rather than before. Job offers can be made conditional on receipt of a satisfactory reference, allowing organisations to withdraw the employment offer if the references are not deemed satisfactory.
This reference check template provides best practice guidelines on how to request and provide references.
How your organisation or production works
Make sure things are set up for day one.
Order IT equipment and make sure there is desk space, if relevant, and that appropriate staff are available to be introduced to.
If there isn’t a company handbook, make sure that it is clear how everything works. From accessing the building, to logging on to computers and accessing appropriate files, phone systems, working hours, pay dates, security procedures, expenses, how to book holiday, pension schemes (where applicable). This is not an exhaustive list.
If working in an office, studio, on location – ensure that health and safety briefings are done with all new starters.
Policies
It is important to make sure all new starters are familiar with company policies and procedures. Any employer with more than five employees must have a health and safety policy* in place, and comply with statutory health and safety duties in the workplace. There are also stipulations in legislation that require employers to have formal disciplinary, grievance and dismissal procedures in place, in order to comply with the Acas Code of Practice.
Other policies are optional, though there are recommendations of which basic policies all companies should consider putting in place. All policies should be made available to everyone that works with you, but it is important to note that not all policies apply to employees, workers and contractors in the same ways. Suggestions include:
- Equal opportunities
- Sickness and leave of absence
- Flexible working
- Training and development
- Bullying and harassment
- Code of conduct
- Internet and email
- Drug and alcohol
- Social media
- Privacy policy
Please seek advice from a third-party HR professional if you need help implementing policies for your organisation.
This e-learning module is designed to help you recognise bullying and harrassment: Tackling harassment and bullying at work.
Communicate with others when there is a new starter and encourage people to interact. A buddy system of pairing a new starter with an existing employee is useful. After the first day, make sure there are regular check ins to see how things are progressing.
The Introduction to disability, access and inclusion e-learning module can be an essential tool to become truly accessible and inclusive.
*This includes mental health. The Film and TV Charity’s Whole Picture Toolkit can give guidance and support to improve mental health on productions.’
Changes to Employment legislation for 2024
The UK Government will be making significant changes to employment rights in the next few years, and we are monitoring these changes closely. We will update the HR Toolkit as and when relevant changes to employment rights are confirmed, and we will outline clearly how they will apply to those working in the screen industries.
The below changes to legislation are already in place, and it is important that individuals at all levels in the screen industries are aware of these changes and how they might impact the workplace.
For more information, check out the new statutory rates of pay.
We will take a look at the changes that are most relevant to the screen industries below.
Holiday pay
From the 1st April 2024, new rules on calculating holiday entitlement for part-year or irregular hours workers, and the option to pay rolled up holiday pay will come into effect. This will apply to individuals engaged on fixed-term PAYE contracts or those with ‘worker’ status. This accrual should be calculated at 12.07% per hours worked in the pay period and can be paid on top of their usual rate, rather than when they take leave. This figure should be itemised separately on any payslip or invoice.
These changes should not be applied until the start of the business’s next holiday year. For example, if a business’s holiday year runs January to December, the business will be able to implement the new rules from 1 January 2025.
Rolled up holiday pay cannot be applied to permanent employees and the accrual and payment of holiday cannot be applied to independent contractors working via their own Limited Companies.
Flexible Working
From 6th April 2024 those working via a PAYE contract (including part-time and fixed-term) will be able to request flexible working from their first day of employment and have the right to make two requests in a 12-month period. Employers are required to consider all options before rejecting any request and will need to give reasons for the rejection.
This legislation will not apply to those who are self-employed, including those with ‘worker’ status.
Acas have produced a code of practice on flexible working requests which has detailed information.
Carers Leave
From 6th April 2024 those working via a PAYE contract (including part-time and fixed-term) will be able to request up to one weeks’ unpaid leave in 12 months to provide or arrange care for a dependent with a long term care need. Employers cannot refuse this leave, but it can be postponed if it impacts the running of the business or production.
This legislation will not apply to those who are self-employed, including those with ‘worker’ status.
For more information, check out the Government Guide to Carers Leave.