Legal and IR: Reflections from the Advice Service

Nine months on from when I started at ITC, I thought it would be an ideal time to reflect on the advice service and summarise some of what I have learnt in the hope that it is helpful to you, our members.

My main reflection is that ITC members are brilliant and deeply committed to our shared values. Across the many conversations I have had, I have seen organisations striving to create positive, supportive and inclusive working environments. They often go above and beyond what is required. The dedication, creativity and care that members bring to their work is something that has impressed me from day one.

At the same time, I have also seen how workplace issues can sometimes arise because companies have been a little too nice. In a sector built on relationships, collaboration and goodwill, it can feel uncomfortable to have difficult conversations, set clear boundaries or address concerns at an early stage. However, avoiding those conversations rarely makes matters easier. More often, it allows misunderstandings to grow and positions to become entrenched.

The advice service has become noticeably busier over the last six months. Alongside a growing volume of day-to-day queries, I have seen an increase in disputes, grievances and settlement agreements. While every situation is different, a common theme is that many issues could have been resolved more quickly and informally if advice had been sought at an earlier stage.

This leads to perhaps the most important message I would like to share… please contact ITC as soon as you become aware of a potential issue.

Many members understandably wait until they have gathered all the facts, explored all possible options or reached a point where the situation feels serious enough to warrant external advice. However, early advice is often the most valuable advice. A brief conversation on the phone at the first sign of a problem can help identify risks, clarify obligations and provide practical options before matters become more complex (please remember to include your phone number if you email). Even if an issue ultimately resolves itself, there is no disadvantage in seeking guidance early.

I have also spent a significant amount of time advising new producers and newly formed companies. It is always encouraging to see new organisations and producers entering the sector, but I have noticed some recurring challenges. In particular, there is sometimes a lack of awareness about employment and worker rights, including the need to budget appropriately for holiday pay and the importance of having suitable contracts in place from the outset. These are not simply administrative requirements; they are essential foundations for sustainable and compliant working practices. With the changes to employment rights, it is even more important to ensure that you are contracting correctly.

One of the things I have learned over the past nine months is that good people management is often about clarity rather than complexity. Clear contracts, clear expectations, clear communication and clear processes can prevent many of the difficulties that later become formal disputes. Investing time in getting these basics right can save significant time, cost and stress in the future.

Our Fair Work Approved (FWA) scheme continues to be an invaluable resource for participating organisations. ITC have an established relationship with the recognised trade unions, so many workplace issues can be resolved more quickly and constructively through existing channels. This in turn helps to avoid disputes escalating. Being FWA also provides access to ITC’s template contracts which gives organisations a strong foundation for compliant and fair employment practices from the outset. Any ITC member can apply to join the scheme provided they meet the required ethical management standards. If you would like to find out more about becoming Fair Work Approved, please email me and I would be happy to talk you through the process.

Looking ahead, I hope the advice service continues to be a resource that members and their boards feel comfortable using. Whether you are dealing with a complex grievance, drafting a contract, navigating a staffing issue or simply wondering whether something feels right, please get in touch. We would much rather help you prevent a problem than help you resolve one that has already escalated.

Finally, a reminder that a company’s board is the legal employer and has ultimate responsibility for employment matters and governance. While day-to-day people management is often delegated to staff, trustees remain accountable for ensuring that employment practices are lawful, fair and properly managed. Boards are very welcome to contact the advice service directly if they would like advice. I encourage managers to make sure their boards are aware of ITC’s advice service and the support available to them. The earlier boards are involved and informed, the easier it is to manage risk and support good decision-making.

Thank you to all the members who have contacted the advice service over the past nine months. The conversations have given me a valuable insight into the challenges facing the sector and I look forward to continuing to support you in the months ahead.

Nadia Ruiz

Legal and Industrial Relations Manager