The Hollywood Reporter

July 15, 2023
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With the historic SAG-AFTRA strike now in effect, Hollywood productions have been shutting down around the world as actors down tools as per union rules. Outside of the U.S., much of the impact is likely to be felt in the U.K., now a major international hub for studio productions. Deadpool 3 is just one of the big-budget features to have been put on hold, having been filming in Pinewood Studios.

Some productions, however, are still OK to continue shooting in the U.K., such as the second season of HBO’s Game of Thrones prequel House of the Dragon, which is contracted under British actor’s union Equity and not SAG-AFTRA.

Although Equity has declared its full solidarity with the industrial action and has encouraged its members to join the rallies it plans to organize in the coming days and weeks, for the avoidance of doubt over potential gray areas, it has also laid out advice for those working in the U.K. on different contracts over how they should approach the strike.

The advice notes, Equity members who aren’t SAG-AFTRA members working in the U.K. on Equity contracts for a U.S. producer should “continue to work and should not be prevented from doing so by a SAG-AFTRA picket.” Essentially, the primary legal problem is that, while the SAG-AFTRA may be lawful according to U.S. law, Equity’s lawyers have said it isn’t under U.K. law. (It describes U.K. industrial relations legislation as “draconian” and regarded as “most restrictive in the Western world.”) As such, Equity says actors in this situation would have “no protection against being dismissed or sued for breach of contract by the producer or your engager if you take strike action or refuse to cross a picket.” But it says that continuing to work shouldn’t prejudice any rights to join SAG-AFTRA in the future.

Actors who are both Equity and SAG-AFTRA members working in the U.K. on an Equity contract for a U.S. producer should continue to work as well, Equity advises, as they also wouldn’t have any legal protection against being dismissed or sued. But it said that, under U.K. law, SAG-AFTRA couldn’t discipline them for continuing to work.

Likewise, SAG-AFTRA members living in the U.S. but working in the U.K. on an Equity contract, who also have a contract addendum issued by SAG-AFTRA to allow them to work under an Equity contract (under Global Rule 1), are also advised to keep working and shouldn’t be prevented from doing so by a picket.

However, Equity urges SAG-AFTRA members based in the U.S. and working in the U.K. on a SAG-AFTRA contract to contact their union for further advice and says that any actors who are both Equity and SAG-AFTRA members working on a production in the U.S. should follow all SAG-AFTRA instructions regarding their strike on the production.

Outside of film and TV productions, Equity says that any SAG-AFTRA members working in U.K. theater fall outside of the industrial action and contractual disputes, so they should continue working, as should Equity or SAG-AFTRA members working on TV commercials in the U.K.

For those who simply want to show their support for SAG-AFTRA’s dispute, Equity again underlined that it plans to organize “shows of solidarity.” However, it warned people “not to encourage people to stop working” on productions in the U.K., as they will likely be acting unlawfully in doing so.

Source: Hollywood Reporter