When SAG-AFTRA called its historic strike on July 13, among the first industry bodies to show near-immediate solidarity was the U.K.’s actors union Equity.
Representing some 47,000 members, Equity put out a joint-statement saying that it stood 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.” The union added they would support SAG-AFTRA “by all legal means.”
Unfortunately for Equity, “by all legal means” doesn’t offer a huge amount of room for maneuvering thanks to strike laws in the U.K., laws that union boss Paul W. Fleming labeled “draconian” and are considered among the most restrictive in the Western world (something expressed by former Prime Minister Tony Blair back in 1997).
Earlier this year, in an attempt to curb a growing spate of industrial action, the U.K.’s Conservative government put forward a controversial new bill that would have further tightened strike laws, one that was condemned by politicians across Europe amid claims that it failed to meet the U.K.’s human rights obligations.
When it comes to the SAG-AFTRA strike and Equity, a crucial factor that may not be appreciated overseas is that any sympathy strike in the U.K. is illegal, as per section 224 of the Trade Union and Labour Relations (Consolidation) Act 1992.
“Equity cannot simply call a strike in sympathy with SAG-AFTRA members in the U.S., as this would likely be classed as ‘secondary action,’ which is unlawful in the U.K.,” Danielle Parsons, employment law partner at the U.K. law firm Irwin Mitchell, told The Hollywood Reporter.
The matter was underlined by It’s a Sin, Doctor Who and Years & Years writer Russell T. Davies at a rally organized in solidarity with the WGA strike and held in London in June.
“I’m a member of the Writers’ Guild of Great Britain, I’m not a member of the Writers Guild of America,” he explained to THR. “It is literally illegal for me to go on strike.” Noting that this information may not be widely known, he added: “I would be on strike for our nurses and for our teachers, but I am literally not allowed to.”
Like the Writers’ Guild of Great Britain, Equity is planning various rallies and events in support of SAG-AFTRA. But it itself hasn’t called a strike among its members, and its right to do so and strike in the U.K. is “subject to extensive trade union legislation,” explained Parsons. “And any strike which isn’t compliant with this is likely to be unlawful.”
Calling a strike isn’t a straightforward move in the U.K. Before any industrial action can be held, the union must hold a postal vote with a majority of members supporting a strike. But there is also further “complex legislation around this process,” which must be complied with.
With no strike action currently called by Equity, the union — as part of detailed advice released last week — says its members should continue to work on productions in the U.K. if they’re under an Equity contract. It issued the same advice to SAG-AFTRA members working in the U.K. on Equity contracts, noting that as the strike had been “authorized under legislation in the United States and is not lawful under United Kingdom legislation” anyone under an Equity contract wouldn’t have the same legal protection covering striking workers.
As Parsons explained, this means that even by simply refusing to cross a picket line, “workers may be subject to disciplinary action, including dismissal and/or a claim for breach of contract.”
As it happens, even Equity actors who have tuned up for work have seen productions that they’re in ground to a halt, especially those with SAG-AFTRA actors in principle roles. THR hears of projects with two call sheets — one with their SAG leads and one without — with filmmakers attempting to get through as much as possible without their SAG-AFTRA talent before they run out of things to shoot.
As one agent notes: “We’re all fighting for full Equity projects.”
Georg Szalai contributed to this article.
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