Bectu urges backstage theatre workers to check contracts for pay confidentiality clauses

Bectu, the union for creative workers, has urged people working backstage in theatres to check their contracts for clauses preventing them from talking about their rates of pay.

Many backstage theatre contracts contain clauses that aim to keep the information regarding the contract terms and wages strictly between the employer and the employee.

However, The Equality Act 2010, in particular Section 77, protects the right that employees can legally discuss their work pay with colleagues. The legislation states that:

• Employers should not discipline anyone for discussing their work pay; and
• Employers should not include clauses in employee contracts that prevent workers from talking about pay.

Bectu’s position is that these confidentiality clauses are unlikely to be legally enforceable and should not be included in any contract, as they may be used to hide unfair pay practices.

The union stresses that the law only protects you when you’re talking about pay for the purpose of establishing if there’s an unfair pay issue in your workplace, and not just when you’re discussing pay more generally.

Earlier this year, Bectu published new recommended rates for professionals working on UK touring theatre productions.

While employers are not obliged to pay the recommended rates, Bectu encourages its members to negotiate rates in line with the professional minimum recommended rates.

Bectu Assistant National Secretary Helen Ryan said:

“It’s no secret that low pay is one of the core issues driving the chronic skills shortage in the UK theatre sector. We want to help implement pay consistency across the industry so it’s imperative that workers aren’t wrongfully bound by clauses that prevent them from discussing their pay, or allow for disciplinary action for doing so.

“Productions we have spoken to about this have overwhelmingly responded positively and removed the clause, which we hope will encourage people to call out these clauses when they see them.

“Our members working backstage in theatres are highly skilled professionals and it is right that they are compensated fairly for their time and talents. We strongly encourage members to read their contracts carefully and if they see this type of clause, to challenge the employer and contact Bectu.”

Got a query about your contract?

Bectu members can contact a&[email protected] for advice. We can check your contract and provide advice on its terms.