THE MARK MILSOME FOUNDATION (MMF) welcomes the debate that took place yesterday in the House of Lords, on a proposed amendment to the current Employment Bill, calling for the appointment of an Independent Freelance Commissioner, moved by the Earl of Clancarty. During the debate, Baroness Caine of Kentish Town, CBE, a British creative industries expert and life peer, raised concerns about health and safety amongst Freelancers and highlighted the Mark Milsome Foundation’s campaign to improve safety within the film and TV industry - a sector largely powered by freelance crew.
Baroness Caine commented: “Amendment 287 provides an opportunity to address a long-standing gap in protection for freelance workers. Current laws surrounding health and safety at work are often open to interpretation by those on productions who hire them, and, in some productions, a culture of minimum compliance becomes compounded by an industry that tends to self-regulate. I hope that the Government can find ways to protect freelancers better - if not in the Bill, then by secondary legislation or, following my specific example, by amending health and safety legislation."
MMF is delighted that Lord Katz, Parliamentary Under-Secretary of State at the Department for Business and Trade, responded positively to Baroness Caine by stating: “It is essential that employers in the creative industries do not use - or rather, abuse - the multifarious employment statuses of those working in the sector to evade their responsibilities, particularly when it comes to health and safety. I am happy to take this back to colleagues in DBT and DCMS.”
The Mark Milsome Foundation hopes that the debate will be a catalyst for meaningful legislative changes to improve health and safety for freelancers and increase company accountability.
The Foundation’s focus on health and safety within the film and TV industry stems from the death of Mark Milsome, a respected camera operator, who was killed in Ghana in 2017 whilst working on a UK television production. At the inquest into his death, the coroner concluded that “the risk of Mr Milsome being harmed or fatally injured was not effectively recognised, assessed, communicated or managed.” Despite this, no individuals or organisations were ever held accountable. The Foundation continues to call for reform, not only to improve accountability after serious incidents, but also improve the health and safety framework, ensuring proper training, risk assessment, and enforcement are in place to prevent such tragedies from happening again.
Freelancers make up more than 70% of the UK’s production workforce, yet current legislation does not guarantee them the same safety rights, training, or protections as full-time employees. Many fear that raising safety concerns could threaten their future employment, and the industry’s use of short-term production companies often leaves no clear accountability when things go wrong.
Samantha Wainstein, Chair of the Mark Milsome Foundation, commented: “We are incredibly grateful to Baroness Caine for raising the issue of health and safety for those working in the film and TV industry. It is deeply troubling that, so many years after Mark was killed, there has still been no legislative change to prevent serious injury or loss of life in an industry fraught with risk. Freelance crew are routinely expected to work dangerously long hours, and too often there is no accountability when things go wrong. We are hopeful that Lord Katz’s efforts to take these concerns to DBT and DCMS will lead to meaningful action.”
