Job Letter Reply
17/11/17
To whom it may concern,
I am writing this letter because the job advertisement you have given has a few problems which I would like to address. The role of Apprentice Digital Video Production Producer, the salary of £15,000-£35,000, 10-45 hours which include: Writing proposals, pitching to clients, client contact, managing budgets, overseeing production, organizing interviews and meetings. I understand that I am an applicant and not an employee, however I would expect to see a confidentiality and exclusivity clause because I would like to know what I am joining and what contracts that are the legally binding, such as the confidentiality/exclusivity clauses of which are needed for the brief we will be needing to complete, while applying for this job, this protects both of us, making sure it does not harm the company's reputation and helps you to succeed.
In your advertisement, you have infringed upon the Equality Act (2010) of which stops discrimination on the grounds of race, gender or age (pregnancy/disability/religious views) in a workplace or in employment. This is illegal and you could be held accountable in the eyes of the law. By stopping anyone above thirty from getting a chance to apply you have infringed upon the Equality act by being seen as ageist, this could damage your companies reputation and should be corrected. Secondly, you also infringed upon the act as you have discriminated against other religions (you only allowed Christians to be employable) as you have not allowed other denominations to apply for your organisation. The brief you have given is very damaging as it does not protect me nor who I am filming, it is compulsory for you to ensure I receive the minimum level of insurance, this is needed due to what you have asked me to complete. The Equal Opportunities legislation states that employers should aim to recruit fairly and produce codes of practice that give evidence that they have complied to the Equality Act, you have not done so as you are asking potential employees to spend money on buying a 'popular music soundtrack' this is very expensive and your recompensation of £20 does not equal to the price of the music, so your applicants are either going to get a non-popular sound track and risk not getting the job or download the music which is illegal and this breaks the Equal Opportunies legislation because you are not allowing them the same opportunities of a richer person.
Employers' liability insurance protects you against the cost of compensation claims arising from employee illness/injury, as a result of their work for you. It is a legal requirement if you employee 1+ people, each day without cover brings fine of up to £2,500. This relates to your proposed video, if a potential applicant may be injured as they are putting themselves at risk by being near potential sex-offenders without having protection by your company as they are not an employee as per to the health and safety legislation; 'they can claim compensation if they believe the employer is responsible'. This cannot happen if they are not an employee, however, you are still accountable. If they were to be your employee and you ask the same thing of them then they could demand compensation as it was under your watch because you are an employer and they are an official employee, therefore it is better to have employers' liability insurance and a membership in a union is beneficial as you are apart of the trade unions and can provide protection for your workers.
Codes of practice, policies and procedures can be given to applicants as they promote good practice, avoid legal issues 'down the line' and have a powerful role in tv and film. This exists to help you and your employees, they are based on the law so will help your company if broken. Representation is very problematic and you may be seen as biased due to the fact you put only female victims and male offenders, males can be victims too and this could affect your company and the children you tell us to show the videos too. This is misinformation to your audience, generalizing who are victims and demonetization towards men. This could cause social concerns in the way we perceive men, it could cause women to be paranoid or afraid of men, it could cause hate crime to increase in the young children of which the video is shown to and it also could push aside the male victims of which causes the victims do not believe their case is not important enough or show awareness to others.
Under 18s are protected by Ofcom which exists because of the Communications Act (2003) and the Broadcasting Act (1990), and there are rules protecting them such as 'material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.' This means that your proposed video could be breaking some of the codes of broadcasting (due to it being shown at a should) as the subject of sexual abuse and or use of re-enactments may be seriously damaging to a child's mental state. Secondly, the Harm and Offence sector states 'factual programmes or items or portrayals of factual matters must not materially mislead the audience.' You have intended to mislead the under eighteens by portraying women as victims and males as offenders.
This video may include corrupting images which infringe upon The Obscene Publications Act (1959) which states that any obscene images which can deprave and corrupt an audience or viewer for "
which it is intended and includes not only sexually explicit material but material relating to violence", showing re-enactments of sexual violence infringes the main principle of the act, especially if it is shown to under eighteens. The American version of Skins was criticised in America for being obscene. The first US series opened with scenes of nudity with the actors begin under 21. The British Board of Film Classification (BBFC) would provide this film you have asked potential employees to create would come under the certification of 15 or 18 due to its sexual nature and if it has shown explicit scenes then a 18 would be given, therefore showing it in a school would be illegal and morally wrong.
The Intellectual Property Law states that you should own the work you create and you have a right to sue others if it is under Copyrights protection, it protects written, theatrical, musical and artistic works as well as film, books, layouts, sound recordings and broadcasts. You need the owner's permission to distribute any of their work, which links to my next point where your letter states that you need a 'popular' music soundtrack. This infringes on Copyright and puts the potential employee at risk. If they download music by paying for it, this could cost thousands and some people cannot afford that. However, they could download it for free off of the internet (which has a huge issue with unauthorised use of copyright material) which is illegal and could land them with a hefty fine or in the worse case scenario, in prison. This would be all due to your advertisement which infringes on many laws, please correct them.
Yours sincerely,
Ellis Parsley
(sources: https://www.legislation.gov.uk/ukpga/2010/15/contents , http://www.stcatz.ox.ac.uk/equal-opportunities/equal-opportunities-equality-legislation , https://www.simplybusiness.co.uk/insurance/employers-liability/ , https://www.legislation.gov.uk/ukpga/1990/42/contents , https://www.legislation.gov.uk/ukpga/Eliz2/7-8/66/contents , http://www.bbfc.co.uk , https://www.allaboutlaw.co.uk/stage/areas-of-law/intellectual-property-law , https://www.upcounsel.com/exclusivity-clause https://www.ofcom.org.uk/__data/assets/pdf_file/0027/19287/bcode09.pdf
http://www.channel4.com/producers-handbook/media-law/other-laws-affecting-broadcasting/obscene-publications-act-1959 )
To whom it may concern,
I am writing this letter because the job advertisement you have given has a few problems which I would like to address. The role of Apprentice Digital Video Production Producer, the salary of £15,000-£35,000, 10-45 hours which include: Writing proposals, pitching to clients, client contact, managing budgets, overseeing production, organizing interviews and meetings. I understand that I am an applicant and not an employee, however I would expect to see a confidentiality and exclusivity clause because I would like to know what I am joining and what contracts that are the legally binding, such as the confidentiality/exclusivity clauses of which are needed for the brief we will be needing to complete, while applying for this job, this protects both of us, making sure it does not harm the company's reputation and helps you to succeed.
In your advertisement, you have infringed upon the Equality Act (2010) of which stops discrimination on the grounds of race, gender or age (pregnancy/disability/religious views) in a workplace or in employment. This is illegal and you could be held accountable in the eyes of the law. By stopping anyone above thirty from getting a chance to apply you have infringed upon the Equality act by being seen as ageist, this could damage your companies reputation and should be corrected. Secondly, you also infringed upon the act as you have discriminated against other religions (you only allowed Christians to be employable) as you have not allowed other denominations to apply for your organisation. The brief you have given is very damaging as it does not protect me nor who I am filming, it is compulsory for you to ensure I receive the minimum level of insurance, this is needed due to what you have asked me to complete. The Equal Opportunities legislation states that employers should aim to recruit fairly and produce codes of practice that give evidence that they have complied to the Equality Act, you have not done so as you are asking potential employees to spend money on buying a 'popular music soundtrack' this is very expensive and your recompensation of £20 does not equal to the price of the music, so your applicants are either going to get a non-popular sound track and risk not getting the job or download the music which is illegal and this breaks the Equal Opportunies legislation because you are not allowing them the same opportunities of a richer person.
Employers' liability insurance protects you against the cost of compensation claims arising from employee illness/injury, as a result of their work for you. It is a legal requirement if you employee 1+ people, each day without cover brings fine of up to £2,500. This relates to your proposed video, if a potential applicant may be injured as they are putting themselves at risk by being near potential sex-offenders without having protection by your company as they are not an employee as per to the health and safety legislation; 'they can claim compensation if they believe the employer is responsible'. This cannot happen if they are not an employee, however, you are still accountable. If they were to be your employee and you ask the same thing of them then they could demand compensation as it was under your watch because you are an employer and they are an official employee, therefore it is better to have employers' liability insurance and a membership in a union is beneficial as you are apart of the trade unions and can provide protection for your workers.
Codes of practice, policies and procedures can be given to applicants as they promote good practice, avoid legal issues 'down the line' and have a powerful role in tv and film. This exists to help you and your employees, they are based on the law so will help your company if broken. Representation is very problematic and you may be seen as biased due to the fact you put only female victims and male offenders, males can be victims too and this could affect your company and the children you tell us to show the videos too. This is misinformation to your audience, generalizing who are victims and demonetization towards men. This could cause social concerns in the way we perceive men, it could cause women to be paranoid or afraid of men, it could cause hate crime to increase in the young children of which the video is shown to and it also could push aside the male victims of which causes the victims do not believe their case is not important enough or show awareness to others.
Under 18s are protected by Ofcom which exists because of the Communications Act (2003) and the Broadcasting Act (1990), and there are rules protecting them such as 'material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.' This means that your proposed video could be breaking some of the codes of broadcasting (due to it being shown at a should) as the subject of sexual abuse and or use of re-enactments may be seriously damaging to a child's mental state. Secondly, the Harm and Offence sector states 'factual programmes or items or portrayals of factual matters must not materially mislead the audience.' You have intended to mislead the under eighteens by portraying women as victims and males as offenders.
This video may include corrupting images which infringe upon The Obscene Publications Act (1959) which states that any obscene images which can deprave and corrupt an audience or viewer for "
which it is intended and includes not only sexually explicit material but material relating to violence", showing re-enactments of sexual violence infringes the main principle of the act, especially if it is shown to under eighteens. The American version of Skins was criticised in America for being obscene. The first US series opened with scenes of nudity with the actors begin under 21. The British Board of Film Classification (BBFC) would provide this film you have asked potential employees to create would come under the certification of 15 or 18 due to its sexual nature and if it has shown explicit scenes then a 18 would be given, therefore showing it in a school would be illegal and morally wrong.
The Intellectual Property Law states that you should own the work you create and you have a right to sue others if it is under Copyrights protection, it protects written, theatrical, musical and artistic works as well as film, books, layouts, sound recordings and broadcasts. You need the owner's permission to distribute any of their work, which links to my next point where your letter states that you need a 'popular' music soundtrack. This infringes on Copyright and puts the potential employee at risk. If they download music by paying for it, this could cost thousands and some people cannot afford that. However, they could download it for free off of the internet (which has a huge issue with unauthorised use of copyright material) which is illegal and could land them with a hefty fine or in the worse case scenario, in prison. This would be all due to your advertisement which infringes on many laws, please correct them.
Yours sincerely,
Ellis Parsley
(sources: https://www.legislation.gov.uk/ukpga/2010/15/contents , http://www.stcatz.ox.ac.uk/equal-opportunities/equal-opportunities-equality-legislation , https://www.simplybusiness.co.uk/insurance/employers-liability/ , https://www.legislation.gov.uk/ukpga/1990/42/contents , https://www.legislation.gov.uk/ukpga/Eliz2/7-8/66/contents , http://www.bbfc.co.uk , https://www.allaboutlaw.co.uk/stage/areas-of-law/intellectual-property-law , https://www.upcounsel.com/exclusivity-clause https://www.ofcom.org.uk/__data/assets/pdf_file/0027/19287/bcode09.pdf
http://www.channel4.com/producers-handbook/media-law/other-laws-affecting-broadcasting/obscene-publications-act-1959 )
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