Entertainment and modelling work

A common way for would-be models or entertainers to find work is through agencies. A lot of agencies are legitimate and professional, but some try to take advantage. Find out more about the rules that apply to these agencies.

Entertainment and modelling agency rules

If you are looking for entertainment or modelling work slightly different rules apply to the agencies who find work for you in these sectors.

On 1 December 2010, new rules came into operation around the charging of 'upfront' fees and cooling off periods for including your details in a publication. If an agency has a contract with you directly and pays you they do not have to follow these rules.

Rules covering photographic and/or fashion models

From 1 December 2010 an agency finding you work as a photographic and/or fashion model is banned from charging you an upfront fee for including your details in a publication or on a website.

Fees may be charged for photographic and audio visual services when these are provided as an additional service but you are entitled to a 30 day cooling off period if you are asked for this type of fee - see rules on cooling off periods below.

When can fees be charged?

Employment agencies can charge you a fee when looking for entertainment or modelling work under two circumstances:

commission or fees from earnings from work the agency found for you in entertainment or modeling
a fee for including your details in a publication or on a website if you are an actor, background artist, dancer, extra, musician, singer or other performer, but not if you are looking for work as a photographic or fashion model

An agency can only deduct sums from your earnings for work the agency found for you provided that they have set out the details of the fee and services in writing.

What happens if you agree to pay a fee

If the agency is finding you work as an actor, background artist, dancer, extra, musician, singer or other performer and you agree to pay to be included in a publication or website:

the agency will not be able to take any money from you for 30 days from entering into an agreement
you will have the right during this 30 day period to withdraw from the contract
you will have to be shown the information about you which will be included and you will have seven days to object
you will not be able to be charged until this seven day period has elapsed or any reasonable objections have been dealt with (even if the 30 day cooling off period has elapsed)
if you are charged an upfront fee you will have the right to a refund if your name is not published and made available to potential hirers, 60 days after payment has been made

Your agency must tell you about all of these requirements in writing when you enter into a contract where upfront fees are charged.

In addition, if your agency offers to provide you with photographic or audio visual services, as an additional service, you will be entitled to a 30 day cooling off period.

Cooling off periods

An agency may produce a publication or website containing your details. If the agency charges you a fee to include your details it has to give you a 30 day cooling off period from entering into an agreement. During this time you can withdraw from the contract. The agency cannot charge you any fee until the cooling off period has passed.

Your agency must notify you of this cooling off period in writing when you enter into a contract for these services.

Cooling off periods from 1 December 2010

For actors, background artists, dancers, extras, musicians, singers or other performers the following cooling off periods apply:

30 day cooling off period before you can be charged an upfront fee for being included in a publication or on a website
seven days to object to any information or profile which will be included in a publication - starting on the date when you are first shown it
60 days from the date of payment, a full refund if no publication is produced and made available to hirers

For agency workers involved in those occupations related to behind-the-scenes work (such as production staff, camera operator etc), the cooling off period before you can be charged an upfront fee for inclusion in a publication remains at seven days.

In addition, if your agency offers to provide you with photographic or audio visual services, as an additional service, you are entitled to a 30 day cooling off period.

Written terms of employment

Your agency must provide you with written terms of employment before providing any work-finding services. These should include:

how it will find you work
situations where it is entitled to enter into a contract on your behalf
payment and fee details
your notice period

Collecting pay from a hirer

If you have an agreement with your agency that they collect your pay from a hirer, the agency must pass your pay to you within ten days of receiving it. You can request to extend this time if you would prefer. Agencies that request or receive money on your behalf must set up separate client accounts to bank that money.

Where to get help

The Department for Employment and Learning (DEL) is responsible for the regulation of employment agencies and businesses in Northern Ireland through enforcement of legislation governing their conduct. The legislation exists to protect work seekers and employers using such agencies and businesses. DEL carries out routine inspections of all Northern Ireland based agencies and investigates complaints against them. DEL has powers to prosecute or apply to prohibit non-compliant agencies and businesses.

DEL can only investigate certain types of complaints or activities that are specified in legislation. A detailed guide to this legislation can be found on the DEL website.

You may first wish to look through this guide, to see wheteher they can help. The types of complaint DEL will investigate, for example, are

If you are a work-seeker:

have you been charged by an employment agency to find you work?
have you applied for a job, only to be told that it doesn't exist?
have you had your details forwarded to an employer without your knowledge?

If you are an employer:

has an employment agency not agreed terms with you?
have you found an agency advertising one of your vacancies without your consent?

If your answer to any of those questions is 'yes' and you wish to make a complaint, you can contact the DEL Employment Inspector.

If you have a problem with an employment agency, you can use the Employment Agency Inspectorate (EAI) online form to make a complaint.

Employment Agency complaint form (PDF 111KB)

Email: eai@delni.gov.uk

Telephone: EAI Helpline 028 9025 7554 (9.00 am to 5.00 pm, Monday to Friday)

Letter: Please write to:

Employment Agency Inspectorate (EAI)
Department for Employment and Learning
Employment Relations Policy and Legislation Branch
Room 203
Adelaide House
39-49 Adelaide Street
Belfast
BT2 8FD

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues.