ESM4117 | Particular occupations: entertainment industry: TV and radio workers: behind camera workers definition of terms used in Appendix 1

There are specific terms used in Appendix 1 to describe the criteria which must be met for the relevant job. This explains what the different terms mean for the purpose of this guidance.

Premises provided by the engager

Premises provided by the engager includes studios, locations and any other facilities provided by or at the direct expense of the engager. This applies whether or not the engager is the occupier.

Facilities provided by the individual means that the work is mainly carried out away from the engager’s premises and/or that the individual provides equipment and space to facilitate relevant work.

Where the individual carries out the work on their own premises (other than incidental occasions where work is carried out at the engager’s premises, e.g. costume fittings, meetings, etc), this is an indication that they are more likely to be self-employed. ESM0541

Substantial Provision of Materials/Equipment

This means the provision of major items which are of significant value and which play an important, fundamental role in the work of the grade in question, such provision being an integral requirement of the contract of engagement.

It does not include tools of the trade.

The significance of the provision of equipment in determining status is the financial risk which such provision entails. ESM0540

It follows that in general equipment must be owned by, or at the permanent disposal of the worker. Provision of hired equipment, whether or not hired in the worker’s name, is relevant only if obtained entirely independently of the engager. Such provision should be disregarded if the financial risk is effectively underwritten (i.e. increased rate, box payment or hire agreement) by the engager.

If a worker is treated as self-employed by virtue of the substantial provision of equipment, the engager must retain full details of the equipment provided for production to this office on request.

Tools of the trade

It is customary for most craftsmen to provide their own tools, whether engaged as employees or as self-employed contractors. Such tools should be disregarded in considering the value of equipment provided, even though the contents of a joiner’s or electrician’s toolbox may have substantial intrinsic value. For a more detailed account of what we mean by substantial equipment and tools of the trade. ESM0540

Management and co-ordination

This does not include any line management duties such as appraisals and dismissals. It does however include, for example, co-ordination of a production team in order to collaboratively deliver the engager’s brief.