Agent Withholding Pay?
By law your agent cannot keep money owed to you for longer than 10 days.
The time it takes for your agent to be paid from a job you have worked can vary, but communication with your agent regarding pay should be transparent and timely. Once an agent is paid by production, it must be sent on to you within 10 days (not working days!)
Usual terms of payment from production is within 30 days, most often it’s sooner. When the agent invoices, the term on the invoice is usually ‘payment within 30 days’. Occasionally the job may state it’s 60 days or more, but then the actor should always be informed. The exception to this is commercial buyouts as you don’t always know if, or when, the commercial is being released, but your agent should also be on top of that and informing you.
By law, an agent should have a separate client account that the money goes directly into. This money should not be touched or used by the agent. Once they take their agreed commission, money is to be sent directly on to the actor.
You shouldn’t have to be chasing your agent for pay, they should be voluntarily informing you of the process - not being evasive, deceitful, dismissive, or vague.
You should not be waiting for multiple months or years (!!) for pay, and when you do receive pay it should ALWAYS come with the remittance you are entitled to: a document clearly stating the details of the payment including the date, gross amount received, any deductions (such as agency fees or taxes), the net amount paid to you, and the dates relevant to the job and payment.
If you are having issues with withheld pay, lack of transparency, or unreasonable delays, you have the right to raise the issue formally with your agent, your union (if you are a member), Spotlight, and the Employment Agency Standards Inspectorate.
Don’t hesitate to seek advice or support - timely and clear payment is your legal right.
It is illegal for agents to hold onto your money for longer than TEN DAYS after receiving it from the paying client. Legislation states...
“An agent which received money on behalf of a work seeker, which it is required to pay into a client account, shall hold it as trustee for that work seeker, but shall not continue to hold it on any day after the expiry of ten days - beginning with the day it is received.”
If you suspect your agent is withholding your pay....
FIRST…CHECK YOUR REMITTANCES!
Reach out to the production you worked for and ask when your agent was paid, and how much. Request your remittanes and any paper trails regarding your agent receiving pay.
Contacting production or casting directly is not unprofessional.
You are completely within your rights to do so.
If you have not been paid within ten days, or you are not receiving responses from your requests for pay, you need to make some reports. It is also worth reporting even if you did receive pay, but if it was later than ten days from when your agent received it. Something else to check for is “double dipping” - where your agent charges the paying client a ‘production fee’ to cover their commission, but also takes commission out of your fee. This is considered unlawful and not good industry practice. An agent can do one or the other, but not both. If your agent is charging VAT but is not VAT registered - this is also unlawful, along with charging commission on fees that are not subject to commission (chaperone fees for example).
Once you know that your agent has the money you are entitled to and has held onto it for longer than 10 days, you can send a firm request for the money to be sent to you immediately.
Eg…
Dear [Agent’s Name],
I am writing regarding the payment for work I completed on [Job Name / Project], for which you received payment from the client on [Date Payment Received]. To date I have not received the funds due to me, nor have I received a remittance detailing any deductions.
Under the Conduct of Employment Agencies and Employment Businesses Regulations 2003, funds received on my behalf must be forwarded to me within ten days of receipt. This payment is therefore overdue.
Please pay the outstanding amount of £[Amount] to my bank account (details below) within 48 hours of the date of this email and provide a full remittance showing the gross amount received, any deductions, and the net amount paid to me.
I would appreciate your prompt attention to this matter and a confirmation of receipt at your earliest convenience.
Many thanks,
[Your name]
Remember - if an agency refers to “cash flow problems” as a reason for you not receiving pay - this is a red flag. By law, agents must have a separate client account where money from jobs goes into. The agent then takes their commission and is required, by law, to send the money onto you within 10 days. The money comes in, and goes directly back out again. Client accounts, or money intended for clients, should not be used for any other reason. Therefore, there is NO reason for an agency to be experiencing problems with cash flow.
NEXT…MAKE REPORTS!
1) Gather as much ‘evidence’ and paper trails as you can and report your experience to Equity. They will only help you if you are a member, but letting them know even if you aren’t may bolster other reports.
agents@equity.org.uk
2) Report to Spotlight. The more reports Spotlight receive, the easier it will be for them to look into it. But any form of witheld pay is serious and Spotlight should be aware.
agents@spotlight.com
3) Post on social media, if you have evidence of wrongdoing. This can sound the alarm and warn others who may be in the same boat. Talk to others and join together to keep each other in the loop about reports and progress of investigations.
(Remember, if what you share is true and based on your honest experience, it can not be defamation.)
4) Get in touch with the casting director of the job you are awaiting money for. If it is being withheld for longer than regulation states, CD’s deserve (and want!) to know so they can help, or be aware of the agency in question.
You can also let The CDA and The CDG know.
5) If the agency is a member of The PMA or The AYPA, report to them also.
admin@theaypa.co.uk
6) Report online to EASI - the UK government body that enforces the Conduct of Employment Agencies. They investigate illegal practices by agents and can take enforcement action. Read more about The Employment Agency Standards Inspectorate and make a complaint here.
or email
7) If a business (agency) accepts money on your behalf but fails to pass it on to you (especially if it is claiming insolvency, liquidation or “cash flow problems” as the reason) that may be considered fraudulent trading or misappropriation of funds. If you are owed money and are not being paid you can, and should, report to Action Fraud:
Every report matters, even if your case feels small.
You help build a bigger picture and contribute to protecting others.
To any actors who are affected by withheld pay, or those having to take the suggested steps of reporting...I’m sorry that you have experieced a breach of trust like this. Not only financially, but in regards to your career and your hard work. This may all seem daunting and overwhelming, but you are not alone. Try and connect with others and don’t feel afraid to speak up - this is important to talk about and you have every right to demand accountability.
Written by Alexa Morden
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Learn more about the law regarding receiving payment from agencies here.