U.K. actors union Equity is supporting the SAG-AFTRA actors strike by “all lawful means.”
The two bodies released a joint statement on Thursday that said: “”Equity U.K. stands in unwavering solidarity with SAG-AFTRA and its members in their effort to achieve a fair and equitable contract, and for the good of performers working around the world. Equity U.K. will support SAG-AFTRA and its members by all lawful means. Because of existing anti-trade union laws in the U.K., SAG-AFTRA members currently working under an Equity U.K. collective bargaining agreement should continue to report to work. Equity U.K. will support SAG-AFTRA’s refusal to issue new Global Rule One addenda that undermine the strike during the pendency of the strike. Standing together, we will work to achieve the wages and working conditions that all performers deserve.”
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Equity’s guidance to its 47,000 members is hamstrung by U.K. industrial relations legislation, which the org’s general secretary Paul W. Fleming describes as “draconian.” Equity has been advised by SAG-AFTRA that its strike is lawful according to U.S. law but at the same time has been advised by their U.K. lawyers that it is not lawful under U.K. law.
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“Consequently, a performer joining the strike (or refusing to cross a picket line) in the U.K. will have no protection against being dismissed or sued for breach of contract by the producer or the engager. Likewise, if Equity encourages anyone to join the strike or not cross a picket line, Equity itself will be acting unlawfully and hence liable for damages or an injunction,” Equity said in its guidance to members.
Equity’s guidance, based on advice from SAG-AFTRA and their lawyers, posits several scenarios in the form of FAQs, reproduced below.
I am an Equity member but not a SAG-AFTRA member. I am working in the U.K. on an Equity contract for a U.S. producer. Some of my colleagues may be working under SAG-AFTRA agreements. What should I do?
You should continue to work and should not be prevented from doing so by a SAG-AFTRA picket. As the strike has been authorised under legislation in the United States but is not lawful under United Kingdom legislation, you have no protection against being dismissed or sued for breach of contract by the producer or your engager if you take strike action or refuse to cross a picket.
This should not prejudice your right to become a SAG-AFTRA member in the future.
I am a member of SAG-AFTRA and an Equity member. I am working in the U.K. on an Equity contract for a U.S. producer as I live in the United Kingdom. What should I do?
You should continue to work and should not be prevented from doing so by a SAG-AFTRA picket. As the strike has been authorised under legislation in the United States and is not lawful under United Kingdom legislation, you have no protection against being dismissed or sued for breach of contract by the producer or your engager if you take strike action or refuse to cross a picket.
Under U.K. law, SAG-AFTRA is not permitted to discipline you for continuing to work.
I am a member of SAG-AFTRA and am working in the U.K. on an Equity contract. I may or may not be a member of Equity in the U.K., as I live in the United States. I have an addendum to my contract which has been issued by SAG-AFTRA to allow me to work on an Equity contract under Global Rule 1 (‘GR1’). What should I do?
You should continue to work and should not be prevented from doing so by a SAG-AFTRA picket. As the strike has been authorised under legislation in the United States and is not lawful under United Kingdom legislation, you have no protection against being dismissed or sued for breach of contract by the producer or your engager if you take strike action or refuse to cross a picket. If your action was to cause losses to your engager (the producer) or third parties, they may hold you liable for those losses.
Under U.K. law, SAG-AFTRA is not permitted to discipline you for continuing to work.
I am a member of SAG-AFTRA and am working on a SAG-AFTRA contract in the United Kingdom. I may or may not be a member of Equity in the UK and I live in the United States. I do not have an addendum to my contract because I am working on a full SAG-AFTRA contract. What should I do
You should contact SAG-AFTRA for advice. Equity cannot be held liable for that advice, as although you are working on a SAG-AFTRA contract, the industrial action was authorised in a jurisdiction outside of the U.K. and does not conform to U.K. law. Equity is unable to advise you further, as you are on a SAG-AFTRA contract.
I am a member of Equity and SAG-AFTRA, and am working on a production in the United States. What should I do?
You should follow all instructions from SAG-AFTRA regarding their strike on your production, as we understand from SAG AFTRA that the strike is lawful in the United States.
I am in the U.K. and I want to show my support for SAG-AFTRA’s dispute whether or not I am working at the moment.
Equity will organise shows of solidarity with SAG-AFTRA in the coming days and weeks. Keep in touch with Equity’s social media about news of rallies and demonstrations in solidarity with them and their dispute.
You should not encourage people to stop work on productions which are operating in the United Kingdom, because though the strike is lawful in the United States, it is not lawful under United Kingdom legislation, and so you are likely to be acting unlawfully in encouraging someone to join the strike in the U.K.
I am being asked to work differently because some of my US colleagues are on strike. What should I do?
You should contact the appropriate member of Equity staff immediately, and the relevant official will advise you in line with U.K. legislation. Our advice will be grounded in the principle that you should not breach your contract, but equally that your contract should not be altered or your work changed unreasonably to undermine the SAG-AFTRA dispute, and certainly not without your consent.
I have seen work being advertised as not being open to SAG-AFTRA members in the United Kingdom. I have been asked by my producer at an audition or before signing a contract whether I am a member of SAG-AFTRA or Equity. What should I do?
You should contact the appropriate member of Equity staff immediately, and the relevant official will advise you in line with U.K. legislation. Discrimination on the grounds of trades union membership is illegal in the U.K., irrespective of where the union is based. We will challenge all such instances where we see SAG-AFTRA members being discriminated against in such a way. You can be put under no obligation to disclose your membership of any trades union in the United Kingdom, irrespective of where that trades union is based.
What will Equity do if producers attempt to relocate productions to the United Kingdom to avoid the SAG-AFTRA strike?
Equity will examine any instances on a case-by-case basis with the principle that we will endeavour to take all reasonable, legal steps to prevent the United Kingdom being used as a back door to undermine or avoid the dispute.
I am a SAG-AFTRA member working in theater in the United Kingdom – what should I do?
The current dispute is not concerned with theater engagements, although Equity represents artists working on both stage and screen. You should continue work as normal.
I am a member of Equity or SAG-AFTRA working on a television commercial in the United Kingdom – what should I do?
The current dispute is not concerned with TV commercial engagements. You should continue work as normal.
I am a member of Equity and/or SAG-AFTRA and I am working on an Equity or SAG AFTRA contract outside of the United Kingdom – what should I do?
If you are working on an Equity contract, you should contact the appropriate member of Equity staff immediately, and the relevant official will advise you. If you are working on a SAG-AFTRA contract, you should contact SAG-AFTRA for advice.