To whom it may concern,
I'm writing this letter to you in regards to the advertisement you have presented for a job application, and I would just like to point out a few points that have raised concern for myself, and may have done for others also. The job role advertised, firstly, is presented in an ambiguous manner- although what is required of one is presented in a clear and concise manner, the benefits with this position are not so much. After one consented to this application and presented themselves as a viable employee, one would expect a fully written and concise contract including confidentiality and exclusivity clauses, that holds ones job position in a stable and secure manner.
The Equality Act (2010) was created as a result of condensing multiple legislation that covers discrimination against race- "a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group", gender, age- "A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages", alongside other things and ensures that these acts are illegal. This Act is one to be considered when employing staff and when individuals or groups are presented and depicted on screen. I believe that the job application that you have presented infringes this law as a result of the age boundaries you have presented.; "below 30." This is not the only infringement however, another two that arose is the pay rat- "£15,000-£35,000 per annum + benefits" and the religious views that must be presented- "Christian." Firstly, the broad rage between the pay rate should not be so enlarged, but standardised payment for both genders, presented under The Equality Act (2010) -"The ‘equality of terms’ provisions in the Equality Act 2010 (the Act) entitle a woman doing equal work with a man in the same employment to equality in pay and other terms and conditions."
Employers' liability and employees' rights are a large part of a contract. Employers have the responsibility of the safety and well being of their employees whilst the employees' are only protected once under employment of a company. "It is an employer's duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this. This means making sure that workers and others are protected from anything that may cause harm, effectively." These factors are rights are not took into consideration throughout the job application that you have presented- "plan and produce a short documentary"- as one is only an applicant, one is therefore not protected under the Employers' and Employees' section of Employment Legislation, nor any Health and Safety Legislation.
Secondly, the representation that you have openly advertised within your job application, not only depicts teenagers in a bad way, but specifically males- "female victims and male offenders who talk candidly to the camera." Although the percentage of men having been raped is smaller than that of the female (1/71 : 1/5) it's not solely males that do offend and the statistics do not condone how the subject matter has been represented throughout this advertisement. Not only is the representation of the youth presented in an underdog tone, the moving image production that they have been asked to produce may, and in fact will, cause an uproar of social concerns. The way it has been suggested that one should "interview teenagers and other individuals who might/have been affected" is not only insensitive, but unethical. If one had been affected by the topic, I personally believe that one would not wish to talk "candidly" to the camera about the experience that they undertook, especially at the young ages of 13-16.
As you may be aware, Ofcom solely exists as a result of the Communications Act and Broadcasting Act. Via referencing this website, other issues have been highlight within the job application that you have presented- particularly Protecting the Under 18's Code. Suggesting that "people under 18 must not be cause unnecessary distress or anxiety by their involvement in programmes" dictates that the young adults that you are wishing to present this campaign to, must not be influenced or put in any distress by the campaign itself, and I believe that it would- "interview teenagers...might be/have been affected by the topic.." Not only does this relate tot the Protecting the Under 18's Act, but also the Ofcom Harm and Offence Code in the way that males and females have been represented; "female victims and male offenders." Due to the statement of the candidate having to "compliment the interview with re-enactments and dramatisations"- such content could violate the Violence, Dangerous Behaviour and Suicide Code which states "must not include material...condones or glamorises [violence]"- it could be glamorised as a result of the "popular music soundtrack" that has been asked of the applicant to place within their production.
"In order to protect children from unsuitable and even harmful content in films and videos and to give consumers information they might need about a particular film or video before deciding whether or not to view it, the BBFC examines and age rates films and videos before they are released." In reference to the BBFC (British Board of Film Classification, the moving image production that you wish to be produced would be certified a 15 as a result of the BBFC allowing descriptions of sexual violence to be depicted. "There may be detailed verbal references to sexual violence (for example descriptions of rape or sexual assault in a courtroom scene or in victim testimony) but any portrayal depiction of sexual violence must be discreet and justified by context." Another way in which legal issues can be introduced as a result of this production is copyright infringement by the suggestion of using a "popular music soundtrack" which is not at all necessary or relevant due to the seriousness of the topic. 'No Means No' rape campaign is also a trademark and so by wishing to create a short documentary using this name, would be enforcing that the applicant is presenting trademark infringement also. As previously mentioned, the applicant would not be protected under the Employers' and Employees' section of Employment Legislation.
As a result of this issues that I have brought forward to you, I suggest that you re-think the application that you have put forward and take legal and ethical issues into much larger consideration.
Yours Sincerely,
Lucia MacLachlan
Reference List
http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1
http://www.equalityhumanrights.com/private-and-public-sector-guidance/employing-people/equal-pay/equal-pay-and-the-equality-act-2010
http://www.hse.gov.uk/workers/employers.htm
http://en.wikipedia.org/wiki/Rape_statistics
http://stakeholders.ofcom.org.uk/binaries/broadcast/831190/section2.pdf
http://www.bbfc.co.uk/what-classification/how-does-classification-work
http://www.bbfc.co.uk/what-classification/15
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ReplyDeleteWell done Lucia, you have now achieved a distinction for this post.
ReplyDeleteEllieB