Formaliseend-of-contractinterviews:AndrewChownswritesforBroadcast

Last month, Directors UK CEO Andrew Chowns wrote an article calling for reform of freelance director references.

Many members reached out in response with their own stories of the difficulties brought about by informal freelance referencing. Taking these experiences into account, Andrew has written an article for Broadcast Magazine further exploring the issue. We have reproduced the article, which is scheduled for publication this week, for our members below.

Last month in Broadcast, Vanessa Williams wrote about the dangers of the informal “chats” that serve as interviews and appraisals in the world of recruitment for freelance creatives. Directors UK members have been telling me that a similar informality exists in relation to references for freelance creatives. This informality contrasts sharply with the way that references are handled in the permanent staff employment world. From accounts I have been given and my own caseload, this is causing real harm and unfairness to the careers of many freelancers.

Consider how references operate in permanent employment. ACAS guidance on references makes clear that:

• Employers do not have to give a reference but if they do it should be fair and accurate.
• Prospective employers must only approach a job applicant's current employer with the candidate's permission.
• Employers may ask for two types of references: a professional reference from a previous employer or manager who could recommend them for the role they have applied for, or a character reference from a person who knows them.
• An employer should not ask for personal information or conjecture about the applicant. The reference should be about the candidate's abilities and aptitude for the job. Any request should include relevant questions regarding the candidate's ability to carry out the role applied for. 
• Employees can ask for a copy of any reference sent to a new employer. They may be able to claim damages in a court if they can show that the information was misleading or inaccurate and that they have suffered a loss such as withdrawal of a job offer.

Contrast this with the freelance world. Employers ask for references from their own network of friends and contacts: often via conversation, not in writing, recorded or archived so they cannot be checked or queried. The discussions are often around personality rather than ability or performance.

This informal system is vulnerable to bad practice on several counts: the use of an employer's own network makes it closed to external or independent opinions, and likely that a lack of diversity will result. More worryingly, a bad reference can be given inaccurately and in bad faith – this not only deprives someone of a job, but that bad reference can be circulated further within the company and beyond, effectively barring that person from multiple job opportunities.

Directors are especially vulnerable here. Their role requires them to be determined in their creativity, and to deliver a great film or programme when budgets and schedules are tight. Even if the Executive Producer and the Head of Production are happy with your performance and the end result, others may have found you hard to deal with; if they are asked for a reference, they will give a misleading impression of you. One person's originality and fearlessness can be construed by others as “difficult to work with”.

Directors have also told me that it is rare for them to be given any formal feedback on their performance at the end of a contract. That means they have nothing to pass on to any new employer, nor any idea if they have done well or not, and where they could improve. It was a welcome surprise for me when BBC Head of Continuing Drama Ollie Kent proposed to introduce a system of end-of-contract interviews for directors.  

I would go further and make this formal, so that every creative freelancer will get an interview and a written reference at the end of their bookings. At a stroke this would put an end to the worst features of the current arrangements and give freelancers a clear idea of how they have performed.

This article is also available to read in Broadcast Magazine.