Dear who it may concern, Date: 16/06/2017
I am writing to you about your online application for the availability of the job of becoming an apprentice digital video production producer for your company "Flip-side Media" and I whilst thoroughly reading the application, I have a some concerns with it and I thought I would message you and rely my concerns to you about the application you have created.
My first concern is contracts as I haven't seen one mentioned in your application as contracts are the most important part as every employee needs to sign one before working at a company and the law states that all types of employment need to have the ability to sign a contract which has the employment conditions, rights, responsibility and duties within the contract and because I haven't seen one on your application I shall go through all the different types of contracts that you could give to your future employees, the first one is the full time contract which is one of the most common contracts which employees sign and these are you usually for permanent jobs in a company and also sets the employee's wage and hourly salary as well, with it also having to include holiday entitlements, pension benefits parental leave allowance and also sick pay as well. With full time contracts don't have a minimum amount of hours an employee has to work, but the average the employers think is full time work is 35+ hours a week. The second type of contract is the second most popular, the part time contract and like the full time contract is also assigned to more permanent positions in a company and also follow to same requirements as well, for instance the hours they are meant to work weekly should also be clearly visible on the contract, with having the ability to do overtime if and when they desire to do it and also the schedule of the part time contract can be flexible allowing the employee to be able to wrap work around other commitments. the next type of employment contract is the fixed term contract which is very different from full time and part time contracts to which the contract only last for specific amount of time which has been agreed on in advance, some of the fix term contracts might not have a specific time frame, but it can end one a specific task has been completed, the fixed term contract of the same rights and benefits like the rest of the permanent contacts, but not for holiday entitlement as it depends on the length of the contract.
The fourth type of contract is the temporary contract which is similar to the fixed term contract and is offered when the contract is not expected to become permanent and with the temporary contract the end date should be included has the date may have to extent due to demand and availability, the same rights apply to the temporary contract like any other member of staff in the workplace with the a benefits that include flexibility and be able to work around studies and other interests and also building experience in a specific interests. Most contract have a some sort of a confidentiality clauses most commonly the non-disclosure agreement or NDA to which is between the employee and the employer to which makes sure you don't disclose any information that has been discovered and there are a few of them like one way NDA , which is when the business is sharing information to their employees and there not allowed to share that information outside the workplace. Another is the Two way NDA or a mutual NDA to which both companies are sharing information and neither will be able to share each others secrets. The last NDA type I will discuss is the Precedent confidentiality agreement to which is used for assets and anything with important information. An example is that NHS staff is not allow to disclose and information about patients or staff to any unauthorized people. There are more types of employment contracts offer different things to possible employee, but I don't want to drag it on, as I've said before I could not see a contract specified on your job application which is a problem as it needs one.
Another thing I noticed about about your application is the fact you have ignored the Equality Act of 2010 as you said in the section "Looking For" "male/female (age below 30)" and also below that you wish to make sure their religious views are christian. This is very much against the Equality Act as no matter the person's age, race, sex, religious beliefs, sexual orientation or disability you can't choose which worker you want because it is illegal to do and its racist, sexist,ageist or be religious intolerance and a quote from the legislation about the race is that "a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group. .Also under the equal opportunity act which is link to the equality act means that every has the right to that job, not to who you want and also means you can't sway the interview in order to get the person you want as it will go against the law. The video people have to make in order to possible get an interview is a problem especially the brief, as because the people haven't employed yet they don't fall under the Employee Act which gives the employee rights and liabilities, for instance they're not getting paid for the production, so they don't get the paid the minimum wage as the law states that employee gets paid and have to spend their own money to be able to make it, which is bad especially for a job that they might not get the interview and they only get paid £20 for the production and might not cover the entire cost of production. Also if anything goes wrong and the people break anything or get in trouble then it will be them getting the worst of it, for something you wanted them to do in order to get a interview with them. The bring issue is of course health and safety when making this video for you as things could go wrong and people who get hurt making it so the person gets in more trouble to be able to get the video to you, making this brief a huge health and safety problem, because no one will be there to support the person if something goes wrong. If you were to do the same to actual employee it could become something much worse, as if they have joined a trade union it could come quite worse, because if you didn't know a trade union is, it is a organisation of tons of workers bind together in order to protect each other rights as an employee and help when they're aren't given any rights. An example of a trade union is a organisation called "Accord" which helps protect employees rights against any sort of discrimination.
In order for any of the applicant not to follow with court on something to do with your application then it will help if you follow the codes of practice in the workplace which means how they expect both the employee and employer to behave in the workplace these codes of practice and liability aren't law or illegal if you break one of them they are just set by the employer for the employee but they are based around the law. Also for video you want made from the brief you created you have to think about how it will be represented by other people or groups, because as your application says you want a christian male or female under the age of 30 which means that the video will mainly also include them characteristics, will make it seems quite ageist and religious intolerant which could backlash against the applicants and your company as well which wouldn't look very good for you in the world, which means it will also cause social concern in the world as most groups of people and individuals are portrayed by media, for instance youths are seen as being always in trouble and are always "holding the wrong end of the stick" or that black people are criminals, or that people who believe in the Islamic faith are terrorist and are out to take over the world and you making it so only christian people can apply to your application will cause problems for that as it will not help shine the light on the fact that not all youths are bad, that all black people are criminal and not all people who believe in the Islamic faith are terrorist and are in fact against their own people doing it and this make your company look like it agree with the prior statements, which will make you look really bad in media industry and also with the public and also the brief can also make the the creator look sexist as well due to the fact they are interviewing female victims and male offender not the other way or the same sex rape and that can cause some social concerns as well due to the fact of demonstration which can make young female fear males because of it or victimization because of the making it seem that females are always the victims, which is defiantly not the case.
With this application can come legal issue as well with things like copyright and things like OFCOM, which sets the rules of what can broadcasted on television to the public and it first existed because of the communication act of 2003 and so for whatever reason you were to put your applicant's documentary on television it would have to follow some of the certain rules that OFCOM has made and because it has teenagers and kids in it, it will have to follow to the rules of people under the age of 18, as well the harm and offence that will be involved in it due to the fact it being about rape, this especially for when they have to do reenactments and things. For example the broadcast code states "Material that might seriously impair the physical, mental or moral development
of people under eighteen must not be broadcast" so things like reenactments might cause issues in this category or the fact it might do these things as it will be shown to children in High School and for harm and offence because its a documentary, OFCOM states "Factual programmes or items or portrayals of factual matters must not
materially mislead the audience." this may or may not effect it but might possibly due to the fact of you misleading the audience into thinking its about anti date rape but it really is an excuse to make your company more popular or to what your application says in the small print about making it promote the ideals of the christian faith which is against the OFCOM rule in which will most likely not get it broadcasted onto television and another thing that says that your not allowed to promote a relgion beliefs "Religious programmes on television services or BBC ODPS must not seek
recruits. This does not apply to specialist religious television services. Religious
programmes on radio services may seek recruits". With what the documentary would be about it will also have to follow under the Obscene Publication Acts which sets rules for "depraving and possible corrupting" productions as well and also will obviously fall under the same rules for the Communication Act. Before the documentary would be broadcasted, it will have to go through the BBFC or British Board of Film Classification, which gives the age rating of every production and who it is best suited to watch it. I would say the production for this short film will have to be PG or parental guidance as you have to make it so it is suitable for high school students, but it will probably have to get permission to watch it and because of what it will be about as well is why i choose it as i doubt it the applicants will use graphic content but it best to be safe then sorry. Lastly for the production you have to think about the intellectual property as you have to make sure nothing you use for the production is copyrighted and if so you will have to get permission to use it and also make sure if you did anything new or created anything for the production you trade mark in order to be able not to get ripped off by other people and also make some money of it, you also have to watch out for the title as well, because certain words are trade marked by company and will have you either remove or change it from the product or they will most likely take it to court.
Hopefully what I have said in this letter will help you improve your ways and the next time you make an application you will think about what you have written and be better at it and allow everyone to apply not matter on your preference because it is the law.
Yours Sincerely
Kai Dyble
Websites used:
http://www.legislation.gov.uk/ukpga/2010/15/contents
https://www.kickstarter.com/projects/1869987317/wish-i-was-here-1?ref=category_most_funded
http://www.legislation.gov.uk/ukpga/1974/37
https://www.reed.co.uk/career-advice/types-of-employment-contracts/
https://www.nibusinessinfo.co.uk/content/types-non-disclosure-agreements
https://www.ofcom.org.uk/about-ofcom/what-is-ofcom
http://www.bfi.org.uk/
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