Independents and Independent Productions
Common Questions

An Independent is a producer or production company operating as a separate business to supply a programme for the BBC. This definition is in the Broadcasting (Independent productions) Order 1991. Even though the Independent may be a sole trader they make all the decisions about how to manage their business bringing together the disciplines needed to make the programme. If the Independent engages contractors to make the production their contracts will be between the Independent and the contractors, they would not be with the BBC. An Independent as an employer is required to have their own H&S arrangements in place.

 

A freelance producer is engaged to produce a BBC programme. They are contracted to supply their own services using a letter of engagement which varies from programme to programme.An individual working under our direction is provided with the same support that is given to a member of staff.

 

Freelance is not a term that has a particular legal definition. Freelance engagements, are contracts for services which do not attract tax on a PAYE basis and which do not give employee status. There is an agreement in place between the BBC and the Inland Revenue on what production-type roles can be engaged on a freelance basis, and in what circumstances. Further freelancer information is available on the BBC Web Site.

 

There are moral, financial and legal reasons why we vet Independent companies. Obviously if anything does go wrong there would be adverse press publicity for BBC. By vetting the company we can check that they have the capability to comply with the contract. The contract requires the Independent to work safely, comply with all health, safety and fire legislation, and have appropriate sources of safety advice in place.

 

By using the vetting procedure and not becoming actively involved in the safety management of the Independent production, the BBC can demonstrate it has done everything possible to appoint safety competent Independents. The BBC retains editorial control and ensures that there is management control of the production process but duty of care responsibilities under the law remain with the Independent.

 

The Independent is responsible for carrying out the production work safely and in accordance with the law. The BBC is responsible for ensuring that the Independent has the knowledge, skills and experience to do the work safely that is, the Independent is competent in safety. The assessment of competence is part of the discussion between the BBC and the Independent before the commission is finally agreed.

 

Competence that is appropriate to the work to be done. This of course depends on the programme e.g. a Drama with artistes on location; a Live Event; a studio based talk show; an investigative programme news gathering in hostile environments, dramas with special effects or recording a Natural History programme in the jungle all require different competences.

 

The BBC should not give advice about safety to the production company - the advice might conflict with the company's own arrangements, and the BBC could become legally liable if something goes wrong. We would monitor compliance where their activity affected the safety of BBC staff, visitors, facilities etc but this is not the same as "hands on" management of their safety arrangements. The exception is in relation to High Risk work.

 

High risk is defined as a significantly higher than normal risk of death or serious injury resulting from working in:

Or from undertaking:

Or from involvement in:

 

High Risk Events that is, riots, civil disturbance or extreme public disorder, terrorist or armed criminal incidents such as hi-jacking or sieges, any event involving chemical, biological or radiological (CBR) substances, extreme climatic events and natural disasters such as hurricanes, severe floods, earthquakes, volcanic eruptions, etc. or outbreaks of serious diseases and pandemics.

 

If the Independent is intending to carry out work in any of the above High Risk areas, they must adhere to the BBC High Risk Guidelines. The BBC Business Affairs Manager will put the Independent in contact with the BBC High Risk Team who will advise.

 

Essentially the BBC and other employers are each responsible for their own "undertakings" and for ensuring adequate co-ordination of the safety arrangements including adequate exchange of information. The BBC will provide site specific information such as fire evacuation procedures and welfare facilities to any one hiring its studios. The BBC should also inform them of all known hazards arising out of the BBC premises or activities that may affect them. So when the Independent is working on BBC premises they will be required to follow any site rules. This may be to follow BBC permit to work systems or to know and follow the rules covering studio grids. In turn the Independent must assess the risks of their work and exchange relevant information about the risks to BBC staff, visitors and equipment.

 

Employers must co-operate with each other. They must also take all reasonable steps to inform each other of the risks arising out of or in connection with their activities. In programme making it is the Producer who must ensure that there are arrangements to co-ordinate safety and to exchange information with others including those from whom they hire staff and studios space.

 

This exchange of information is part of the contract to hire BBC studios. The information that the Independent must provide the BBC Studio managers will be:

In turn the BBC Studio managers must provide the Independent with:

The BBC's Programme Production Agreement requires the production company to comply with all health, safety and fire legislation. Any breach of the legislation is a matter between the company and the enforcing authority. However the requirement in the contract gives the BBC an interest in the company's compliance with the law. The BBC is therefore entitled to ask for evidence of compliance. Furthermore, any breach of the statutory requirements would be a breach of the contract, for which the BBC can seek remedies.