FREELANCING 101

Contracts, rights and red flags

Check the whole job before you say yes, and know what to do if things change

Contracts and working arrangements can feel complicated, particularly when different parts of the performing arts use different terms and ways of engaging people.

This page is a practical starting point. It will help you understand how you are being engaged, check the important details before accepting work, recognise potential concerns and find trusted guidance when you need it.

You do not need to understand every aspect of contract or employment law before taking on freelance work. Focus on the questions that matter for the engagement in front of you, ask when something is unclear and keep a written record of what has been agreed.

HOW TO USE THIS PAGE

You do not need to read everything at once. Start with the section that answers the question you are dealing with today.

This page combines practical prompts from FMTW with links to guidance maintained by official bodies, unions and specialist organisations. Look out for these labels:

  • Things to consider – practical questions to help you assess an offer or working arrangement.
  • Practical tool – an FMTW checklist, template or resource that you can use or adapt.
  • Official guidance – information from government departments, Acas and other official services.
  • Industry guidance – information, agreements or support provided by unions and recognised sector organisations.

This page provides general information and signposting, not individual legal advice. Employment status, contractual rights and the options available when something goes wrong will depend on the particular circumstances. Rules and guidance can also change, so check the current information and seek advice from your union or a suitably qualified adviser when necessary.

1. Start with your working arrangement

People working freelance in theatre and the performing arts can be engaged in different ways. You might invoice as self-employed, be paid through payroll, work through an agency or company, or have a different arrangement from one job to the next.

The words used to describe the job do not necessarily decide your employment status. Your status can affect your tax, pay and workplace rights, so it is worth understanding the arrangement being offered.

Things to consider

  • Who is engaging you and who will pay you?
  • Will you submit an invoice or be paid through payroll?
  • Is an agency, personal service company or other intermediary involved?
  • Who decides when, where and how the work is carried out?
  • What does the agreement say about your employment status and responsibilities?

If the arrangement is unclear, ask the engager to explain it before you accept the work.

PRACTICAL TOOL

Not sure how the job is engaging you?

Use our 'Start here: How is this job engaging you?' guide to explore the questions you may need to ask.

OFFICIAL GUIDANCE

Employment status affects workplace rights and responsibilities. It may also be different for employment-rights and tax purposes.

Read the GOV.UK employment-status overview or the Acas employment-status guidance. For Northern Ireland, contact the Labour Relations Agency.

2. Check the agreement before accepting

A written agreement gives everyone a clearer record of what has been offered and accepted. The relevant terms might appear in a contract, booking form, purchase order, email exchange or several different documents.

Before accepting, check that you understand:

  • The work: your exact role or grade, responsibilities, what you are expected to do or deliver, who you report to, and any specific experience, training, qualifications or authorisation required.
  • The commitment: the dates, expected hours, breaks, location, preparation, travel, touring and availability required.
  • The fee or pay: how much you will receive, what the amount includes, whether holiday pay applies or is shown separately where relevant, and how any additional days, hours or work will be agreed and paid.
  • Expenses: what is covered, whether approval is needed and when claims must be submitted.
  • The payment route: whether you will invoice, be paid through payroll, work through an agency or use another arrangement.
  • The payment date: when payment is due and whether you need to provide anything before it can be processed.
  • The wider terms: what happens if plans change or work is cancelled, and any terms covering credit, recordings, confidentiality or use of your work.
  • The related documents: any policies, handbooks, codes of conduct or other terms referred to in the agreement, and where you can read them.

If something important is missing or unclear, ask before accepting or signing where possible. If a contract or other documents arrive later, compare them with what was originally agreed and raise any differences promptly. Keep the agreement and any later changes in writing.

For a shorter checklist and sample wording for requesting written confirmation, use Before you accept: twelve questions.

Check the whole offer

Look beyond the headline fee. Consider the complete time, costs and responsibilities involved, then compare the offer with any relevant union agreement, minimum rate or industry guidance.

Use our Rate and day-fee calculator to explore the time and costs behind an offer.

The ALPD also have a great Contract Checklist tailored to different roles in the lighting team which you can check here.

PRACTICAL TOOL

Red flags and scam check

If an opportunity, casting or approach feels unusual, pressured or unsafe, use our short checklist before responding, sharing information or agreeing to attend.

It covers nine warning signs, immediate safety concerns, practical checks and organisations you can contact for further support.

3. Changes, cancellation and ending the work

Plans can change, but your agreement should help you understand what happens if work is cancelled, postponed, shortened, extended or ended early.

Things to consider

  • How much notice each side must give to cancel, postpone or end the work.

  • Whether different cancellation payments apply at different notice points, for example more than seven days before, within seven days, within 48 hours, on the day, or after you have travelled or arrived.

  • What happens if a call, run, tour, project or agreed period of work is shortened.

  • What will be paid for work already completed, preparation undertaken or dates held.

  • What happens to non-refundable travel, accommodation, materials or other costs you have already committed to.

  • How additional or changed work will be agreed and paid.

  • What the agreement says about circumstances outside either side’s control.

There is no single cancellation scale that applies to every freelance engagement. The notice periods above are examples of terms you might negotiate, not automatic legal entitlements. A union agreement or sector contract may set different terms. Agree what applies to your booking and keep it in writing.

If plans change, ask what this means for the work, dates, fee and expenses. Keep any revised agreement in writing.

When plans change

  1. Find the original agreement and any relevant union terms.
  2. Write down what has changed.
  3. Record any work completed, dates held and costs already incurred.
  4. Ask what the change means for the fee, expenses and future dates.
  5. Keep the response and any revised agreement in writing.

If you are unsure about your position, seek advice before agreeing to revised terms or taking formal action.

OFFICIAL GUIDANCE

Terms may appear in a contract, booking form, email exchange or several different documents. Check the complete agreement before deciding what applies.

See the GOV.UK guidance on contract terms and nidirect’s employment-contract guidance. If you are an employee or worker, Acas also explains changes to employment contracts.

4. Credit, recordings, usage and AI

Before accepting work, check how your contribution will be credited, recorded and used. The agreement may cover more than the immediate production, performance or event.

Things to consider

  • How will you and your work be credited?
  • Will your work, performance, image or voice be photographed, filmed, recorded or digitally captured?
  • Where, how and for how long may the material be used?
  • Does the agreement include promotional, commercial, future or third-party use?
  • Does it mention AI training, synthetic content, digital replicas or changes to your performance, image or voice?

Copyright, performers’ rights, usage rights and data protection are related but different. What applies will depend on the work and the agreement. If the wording is broad or unclear, ask for an explanation and seek specialist advice before agreeing.

OFFICIAL GUIDANCE

Read the Intellectual Property Office’s guide to performers’ rights and Equity’s AI Toolkit for more detailed information.

Your union may also provide agreements or advice covering credit, recordings, usage and AI in your area of work.

5. Access, safety, safeguarding and working conditions

Before accepting work, check what support, policies and working arrangements are in place. Raise anything you need to work safely and effectively as early as you reasonably can.

During the work, speak up promptly if the task, schedule, staffing or conditions change, or if the work cannot be carried out safely as planned.

Things to consider

  • Are the location, schedule and way of working accessible to you, and who should you contact about access requirements or reasonable adjustments?

  • Are your role and tasks clear, and do you have the experience, skills, training, qualifications or authorisation needed to carry them out safely? If you do not know how to do something safely, say so.

  • What risks and physical demands are involved? Have you received the relevant risk assessments, method statements, site rules or other safe-working information, and can you ask questions about them?

  • What tools, equipment or personal protective equipment does the work require? Who is responsible for providing, checking and maintaining it, and what information or training will you receive?

  • What working hours, breaks, rest and travel are planned? Consider your total workload across different clients and whether fatigue could affect your ability to work or travel safely.

  • Who is responsible for supervising or controlling the work, and who should you tell if a task, staffing level, schedule or condition cannot be managed safely?

  • How should you report a safety problem, accident, incident or near miss, and what first-aid and emergency arrangements are in place?

  • If the work involves sensitive or potentially distressing material, what support is available and is there a named welfare or mental-health contact, such as a Mental Health First Aider, if available?

  • If the work involves children or adults at risk, what safeguarding arrangements apply and who is the designated safeguarding contact?

Access, health and safety, safeguarding and employment rights are different areas. What applies may depend on your role, working arrangement, location and the nature of the work. Ask the engager, your union or an appropriate specialist organisation if you are unsure.

Safety responsibilities can sit with more than one party

Health and safety responsibilities may sit with the engager, employer, venue, contractor, freelancer or several of them, depending on the working arrangement and who controls the work or premises.

Being described or booked as a freelancer does not make you solely responsible for workplace safety, and it does not remove anyone else’s duties. Self-employed people may also have responsibilities to work safely and avoid putting themselves or others at risk.

The meaning of self-employed for health and safety purposes is not necessarily the same as it is for tax or employment rights. Check the current official guidance or seek specialist advice if you are unsure how it applies to your situation.

PRACTICAL TOOL

Your access needs and access rider

Our access-rider tool can help you think about the practical arrangements that support you to work well and communicate them clearly to a casting team, engager or collaborator.

You can complete five optional prompts and create an editable access rider without sharing your information with FMTW.

OFFICIAL GUIDANCE

For theatre safety information in Great Britain, read the Health and Safety Executive’s theatre health and safety guidance. In Northern Ireland, visit the Health and Safety Executive for Northern Ireland.

Personal protective equipment - HSE guidance explains how personal protective equipment should be assessed, selected, provided, maintained and used, including employer responsibilities where PPE is required. Read the HSE guidance on personal protective equipment →

Disabled freelancers may also find support through Access to Work in England, Scotland and Wales or Access to Work (NI) in Northern Ireland.

6. If an offer concerns you or something goes wrong

Not every opportunity will offer a standard fee or follow a familiar process. You may encounter low-paid work, unpaid opportunities, deferred payment or profit-share arrangements.

Before accepting, make sure you understand what is being offered, what you are expected to contribute and what will happen if the arrangement does not go to plan.

Things to consider

  • Is any payment guaranteed, and when will it be paid?
  • If payment depends on income or profit, how will it be calculated and reported?
  • What time, travel, materials or other costs will you contribute?
  • What rights, credit, experience or other benefit are being offered?
  • Can you afford to take on the work if no further payment is received?

An arrangement described as freelance, voluntary, expenses-only or profit share is not automatically exempt from minimum-wage law. Entitlement depends on the reality of the working arrangement, including whether you are legally classed as a worker and whether an exemption applies.

FMTW cannot determine your employment status or entitlement. Check the official guidance or seek individual advice if you are unsure.

OFFICIAL GUIDANCE

People legally classed as workers are generally entitled to the National Minimum Wage, although exemptions apply in some circumstances. A job title or description does not settle whether someone qualifies.

Read the GOV.UK guidance on who gets the minimum wage and its more detailed guidance on work experience and internships.

If you need advice about your own circumstances, contact your union or an appropriate employment-rights service.

PAUSE AND CHECK

Take some time to verify the offer if:

  • you cannot confirm who the engager, organisation or opportunity belongs to
  • the work, fee, payment arrangements or usage rights remain unclear
  • you are pressured to agree quickly or discouraged from asking questions
  • you are asked for an unusual payment or sensitive information without a clear reason
  • important promises are made verbally but will not be confirmed in writing

A request for information or a fee is not necessarily evidence of a scam. For example, entertainment agencies may charge certain fees or commission where the relevant rules are followed. Ask what any payment is for, read the terms and verify who you are dealing with before providing money or personal information.

If you believe you have encountered a fraudulent job or opportunity, read the official guidance on recruitment scams.

If you have not been paid

Act promptly and keep your agreement, invoices, payslips, timesheets, messages and a clear record of what happened.

First, identify how you were meant to be paid:

  • If you submitted an invoice: check the agreed payment date, invoice details and whether the engager has raised a query.
  • If you expected wages or payroll: check your payslip, contract, timesheets and usual payday.
  • If an agency or intermediary is involved: check who agreed to pay you and contact them directly.

Contact the person responsible for payment in writing. State what is outstanding, when it was due and what response you need. Keep the message factual and retain a copy.

 

PRACTICAL TOOL

Late-payment action pack

If a business invoice has become overdue, our Late-payment action pack can help you check the details and follow up in writing.

It includes three adaptable example emails, beginning with a friendly reminder and progressing to a firmer follow-up. It also explains when to pause and seek support.

Unpaid business invoices and missing wages follow different rules. Do not add statutory interest to unpaid wages or assume that commercial late-payment rules apply to payroll.

If the issue is not resolved, contact your union or an appropriate advice service. Formal claims can have strict time limits, so do not leave an unresolved problem indefinitely.

OFFICIAL GUIDANCE

For an unpaid business invoice, use the Small Business Commissioner’s unpaid-invoice guidance. You can also read the GOV.UK guidance on late commercial payments.

For missing wages in England, Scotland and Wales, read the Acas guidance on unpaid wages. In Northern Ireland, contact the Labour Relations Agency.

If another problem arises

Write down what happened, save relevant evidence and check any reporting, complaints or grievance procedure provided by the engager.

Where appropriate, raise the issue clearly and in writing. Explain what has happened, what you have already done and what response or resolution you are seeking.

If you need advice about your rights, options or time limits, contact your union or a suitable specialist service before taking formal action.

7. Bullying, harassment and discrimination

If you experience or witness bullying, harassment or discrimination, you do not have to investigate or manage the situation alone. Prioritise your immediate safety and seek support from someone you trust.

Where it is safe and practical to do so:

  • make a private record of what happened, including dates, locations and who was present;
  • keep relevant messages, emails or other documents;
  • check whether the engager has a dignity at work, complaints or safeguarding policy;
  • speak to your union or professional association if you are a member; and
  • seek prompt advice if you are considering a formal complaint or legal route, as some processes have time limits.

If somebody is in immediate danger, contact the emergency services.

SPECIALIST RESOURCE

CIISA
The Creative Industries Independent Standards Authority works to improve standards of behaviour and prevent bullying, harassment and discriminatory behaviour across the creative industries. Its services are developing, so check its website for its current standards, resources and available routes.

Visit the CIISA website →

Creative UK: Bullying and Harassment Toolkit
This toolkit is written primarily for organisations, but it can also help freelancers understand what good policies, reporting processes and responses should look like.

Explore the Creative UK toolkit →

Your union
A union may be able to help you understand your options, prepare for a conversation or complaint, and identify appropriate specialist advice.

8. Trusted guidance and further help

This page provides a starting point, but it cannot cover every role, agreement or individual situation. These organisations offer official guidance, industry information or individual support.

Employment rights and workplace problems

Acas provides free, impartial information about workplace rights and employment law in England, Scotland and Wales.

In Northern Ireland, contact the Labour Relations Agency for information about employment rights and workplace disputes.

Unpaid invoices

The Small Business Commissioner provides practical guidance about preventing and pursuing late or unpaid business invoices.

Its dispute service may also be able to help some small businesses experiencing payment problems with larger customers.

Union guidance and support

Your union may provide rates, agreements, contract guidance and individual support relevant to your role.

Individual legal or specialist support

If you need advice about your own circumstances, contact your union or a suitably qualified adviser.

Our Finding legal advice and support directory will help you identify relevant external services.

Last reviewed: September 2026

Links and guidance can change. Check the date and scope of any external information before relying on it.

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