Live Decisions of Congress 2026

Composite N (covering Motions 54, 56, 72 & 73)

Fair Work for Freelancers

“That this Congress welcomes the publication in 2025 of the STUC’s ground-breaking report ‘Freelance and Forgotten’, an investigation of worker exploitation in Scotland’s creative and media industries and endorses its recommendations.

“The research, with over 800 creative workers in Scotland, found that 69% of workers experienced late payment, 33% were not paid at all for freelance work undertaken, 53% had experienced or witnessed bullying, harassment, or sexual harassment and most lacked clear complaints procedures. It also highlighted widespread working without written contracts; bullying and abuse in the workplace; the imposition of unfair or unreasonable contracts, e.g. in matters of copyright and liability; the imposition of non-disclosure agreements as a condition for employment; and many other exploitative practices.

“Congress also notes:

• The ‘Bectu Sector Big Survey’ of more than 5,500 creative freelancers found that only 13% felt their work was secure, while 82% described it as precarious. Around a third have no savings and fewer than half have a pension, while long hours and low pay damage wellbeing and career sustainability.
• The Musicians’ Census, providing robust UK-wide data on working lives, reinforcing the scale of precarious work, poor wellbeing outcomes, and income instability.

“Congress notes that the Employment Rights Act 2025 strengthens protections for employees and some workers but fails to extend core rights to many. Despite commitments to future reform, freelancers remain without enforceable sick pay, meaningful parental rights or guaranteed benefits.

“Congress welcomes the increase in the Scottish Government’s culture budget, which begins to address years of underfunding. However, funding alone will not deliver Fair Work. Increased funding to organisations does not automatically improve pay, conditions, or security for the freelance workforce on which the sector depends. Fair Work compliance must therefore be a mandatory and enforceable condition of public funding, including for Creative Scotland’s Regularly Funded Organisations.

“Congress notes the immense value of the Independent Culture Fair Work Task Force Report recommendations (2025). This report sets out a clear route to Fair Work based on legislative change, enforceable standards, sustained public funding, and effective oversight. The Task Force highlights the need for stronger enforcement, meaningful monitoring by public funders, dispute resolution mechanisms, protection from exploitation including unpaid internships, and safeguards against emerging threats such as AI misuse.

“Congress further notes the Irish Government’s Basic Income for the Arts pilot, demonstrating targeted income support can deliver significant social and economic benefits, including improved wellbeing, increased creative output, reduced welfare reliance, and positive public return.

“Congress calls on the STUC General Council to work with the STUC Creative Industries Trade Unions Group to:

• continue to undertake further research and campaigns on the vital issues affecting freelance and self-employed workers highlighted in the Freelance and Forgotten report;
• press the Scottish Government and local authorities to ensure that such practices are not tolerated in publicly funded organisations and projects;
• lobby the Scottish Government to introduce a statutory duty to require public authorities to ensure that contractors are compliant with the Scottish Government Fair Work First Principles, including effective voice through trade union recognition; and a statutory duty for both public authorities and contractors to ensure timely payment, consistently offer fair contracts and terms of engagement, and institute robust structures to protect freelancers from bullying, harassment and discrimination;
• demand enforceable standards on payment, contracts and access to portable benefits, including sick pay, parental leave and pensions, using the STUC Fair Work for Freelancers Checklist;
• press the UK Government and their forthcoming Freelance Champion to embed freelance rights in employment reforms and establish a properly resourced statutory body with real enforcement powers;
• supporting union organising and collective bargaining for freelancers to reduce precarity and tackle inequality; and
• campaign for full implementation of the Culture Fair Work Task Force recommendations, including income security measures and basic income-style interventions.”

Mover: Prospect 

Seconder: Musicians’ Union

Supporters: Scottish Artists Union

National Union of Journalists (NUJ)