Working Time

59 During the course of 1998 the government published a consultation paper setting out its intentions regarding the implementation of the Working Time Directive into UK law. BECTU welcomed many of the proposals contained within the government's consultation paper and the National Executive Committee was particularly pleased that the consultation paper was using the term "worker" rather than "employee". The National Executive Committee were, however, concerned about one particular aspect of the government's proposals in relation to workers' rights to paid annual leave. The consultation paper indicated that the government were considering introducing a 13 week qualification period before an individual became entitled to annual leave. In its response to the government, BECTU pointed out that there was no such qualification in the Working Time Directive, and that this was an important matter of principle for BECTU, as many of its members worked on contracts of 13 weeks or less, and would be deprived of their rights set out in the Directive if the government introduced a qualification period of 13 weeks.

60 When the National Executive Committee responded to the government's consultation document, it drew particular attention to this point and stated: "We question very strongly the justification for the 3 months service qualification for entitlement to annual leave. Article 7 of the Directive includes no such qualification and simply states that 'every worker is entitled to paid annual leave of at least four weeks'. We cannot overemphasise that in an industry such as ours, with so many workers on freelance and short term contracts, the 3 months requirement will simply result in a very substantial proportion of the workforce having no holiday entitlement whatsoever under the Regulations. We believe this is entirely unjustified and contrary to the intention of the Directive. Given the significance of this for our members, if the Regulations remain unamended we will have no alternative but to give serious consideration to a legal challenge on this point. To clarify further, many of the freelances concerned will work on a regular basis but for a range of different companies. Their need for annual leave is as great as that of permanent employees. It therefore seems grossly unfair that the Regulations would seem to deny them this. The labour market in this sector is such that the opportunity to work in excess of 3 months for a single employer is extremely limited, and yet the widespread practice of lengthy working hours is such that annual leave is all the more necessary. We strongly urge the Government to reconsider this point."

61 The National Executive Committee authorised an inter-divisional conference on the opportunities and challenges presented by the Working Time Regulations. This conference took place on the 24 September 1998, and was a very successful event. It gave both officials and leading lay members the opportunity to get up-to-date information at an early stage to prepare them for dealing with employers when discussing the Working Time Regulations.

62 When the government published the Working Time Regulations, which came into effect on the 1 October 1998, they contained, as the government indicated that they would, a 13 week qualification period before individuals became entitled to annual leave. The General Secretary, on behalf of the National Executive Committee, sought the advice of our lawyers and Leading Counsel in respect of the legality of this qualification period. Leading Counsel advised BECTU that there is no basis in European law for the government introducing such a qualification period into the Working Time Regulations, and that there were very good prospects of seeking a successful judicial review which would lead to the government having to withdraw this qualification period.

63 The General Secretary wrote in November 1998 to the Secretary of State for Trade and Industry, making it clear that if the government did not amend the Working Time Regulations with regard to the qualification period for annual leave, that BECTU would mount a legal challenge to the government's decision. The government indicated that it had taken account of BECTU's submission during the consultation period and that it was not intending to amend the regulations.

64 The National Executive Committee authorised the General Secretary to take whatever steps were necessary to achieve a judicial review of section 13 of the Working Time Regulations, and an application for such a review was lodged in the High Court on the 2 December 1998. An oral hearing took place in the High Court on the 18 January 1999 and BECTU was granted leave for a judicial review of section 13 of the Working Time Regulations. In March 1999 the union's lawyers were informed that the government proposed a joint application to the High Court to refer the disputed clause to the European Court for a ruling. The union agreed and on the 14 April the joint application was approved by Mr Justice Sullivan. It is anticipated that the case will be be heard in the European Court some time in the next eighteen months. The contingent liability mentioned in note 14 to the union's audited accounts has therefore been greatly reduced.

65 The NEC has used its best endeavours to deal with those propositions passed by the union's 1998 conference dealing with excessive hours. The NEC has achieved some success in this area but the NEC remains of the view that industrial policy is best determined by the divisions of the union, and whilst it understands the good intention of those moving the propositions at last year's conference, such propositions place the NEC in a position where it is being asked to interfere in the industrial policy of the divisions of the union. The NEC does not see this as its business unless there is a conflict between two divisions of the union.

Fairness at Work

66 In January 1999 the government brought forward its long awaited legislation on Fairness at Work. There were 49 new measures contained within the government's proposals which, when added together, amounted to a very significant improvement to workers' rights.

68 The measures contained within the Employment Relations Bill offered very significant opportunities for BECTU to re-establish its presence in areas where we had lost ground during the 18 years of the conservative government. The National Executive Committee at its meeting on 24 January 1999 authorised an inter-divisional conference in order that there could be an informed discussion about the opportunities and challenges offered by the Fairness at Work legislation. This was held successfully on the 29 March 1999.

Proposition 5/99 Closed shop (AP13)

That this annual conference instructs the NEC to demand of the present government to reintroduce the union closed shop agreement which was abolished by the previous government.

Film Artistes

Staffing

69 The National Executive Committee was unable to agree to increase the rates of pay for employees of the union on the 1 October 1998 because of the union's financial position. However, it agreed to increase rates of pay by 3% from the 1 January 1999 and it has also agreed, subject to the union's finances allowing, to increase pay by 1% above the RPI figure in October 1999 for a period of 15 months to the 1 January 2001.

70 The National Executive Committee appointed Helene Bevan to replace Wyn Lowes as a Trustee to the BECTU Staff Retirement Scheme because of Wyn Lowes' retirement from the National Executive Committee. The current Trustees of the BECTU Staff Retirement Scheme are Andy Love (NEC), Helene Bevan (NEC), Luke Crawley (member elected Trustee), Janice Turner (member elected Trustee) and Roger Croxton (independent professional Trustee appointed by the NEC).

71 The following members of BECTU's staff have left BECTU's employment since the last annual conference: Paul McLaughlin, Phil Hooley, Jane Paul, Roland Johnson, Iris Crawley, Mary Brack, Bev Chait, Anita Flynn, Mairi Jappy, Hawa Mosere, Michelle Jenks, Bethan Humphreys.

72 It is with sadness that we report that one of BECTU's employees, Kay Jolly, died on the 26 April 1998. Kay was a valued and popular member of the records staff and is greatly missed.

TUC and Labour Party

73 BECTU's delegates to the 1998 Trades Union Congress were Roger Bolton, Tony Lennon, Turlough MacDaid, Jack Amos, Mark David-Gray and Helene Bevan. The union has also been active on the Southern and Eastern Regional TUC, the other regional TUCs, the Scottish TUC and the Wales TUC.

74 BECTU submitted two motions to Congress; the first called upon the government to reconsider its position in respect of the Civil Justice Review and the second was on employment legislation.

75 BECTU's delegates to the 1998 Labour Party Conference were Roy Lockett, Tony Lennon and Turlough MacDaid. The union has also been active in the Scottish Labour Party and, latterly, the Wales Labour Party.

76 BECTU attempted to submit an emergency proposition to the 1998 Labour Party Conference on the subject of BSkyB's takeover bid for Manchester United Football Club. The structure of the 1998 Labour Party Conference did not allow for a submission of propositions in the historical manner, and it is going to be necessary for BECTU to consider how to feed its views effectively into the policy forums that are now being set up by the Labour Party. The BECTU response to the consultation paper on Industry, Culture and Agriculture is submitted to conference as supplementary report number 4.

77 The National Executive Committee has decided the measures in the Minimum Wage legislation, the Working Time Regulations and the Fairness at Work legislation have favourably amended the anti-trade union legislation implemented by the previous Conservative administration over a period of 18 years, and the National Executive Committee intends therefore to continue to affiliate BECTU to the Labour Party at the 1997/98 level. The National Executive Committee believes that this effectively deals with proposition 31/98 carried at the union's 1998 conference.

Proposition 6/99 Political fund (AP10)

That this annual conference instructs the NEC to review the proportion of the political fund donated to the Labour Party in the light of its continuing reluctance to repeal anti trade union legislation. The NEC is instructed to explore the possibility of diverting more money to other political organisations in both the UK and Europe which it feels may better represent the union's interests. Additionally, the NEC should explore the possibility of using diverted funds as it feels appropriate for the purpose of raising BECTU's profile within the media industry.

Bush House 2

Proposition 7/99 Mayor of London (AP11)

That this annual conference calls upon BECTU nationally to condemn New Labour's undemocratic attempt to stop Labour Party members voting for Ken Livingstone to be the party's candidate for Mayor of London.

Conference resolves to support Ken Livingstone's fight to stop a stitch up of the selection of Labour's candidate for Mayor, and to write to the headquarters of the London Region of the Labour Party supporting his right to stand.

Royal Opera House

International

78 BECTU has continued to play an active part in the affairs of Media Entertainment International (MEI), both at the European level and at a world level. The President of BECTU is also the President of MEI. The General Secretary is a member of the World Executive Committee of MEI and the Deputy General Secretary and the General Secretary are members of the European Executive Committee of MEI.

79 MEI convened a film and television production conference in Venice in August 1998. BECTU was represented at this conference by Assistant General Secretary Marilyn Goodman, Vice-President Tudor Gates and Graham Shand of the Regional Production Division.

80 MEI organised a conference to discuss private broadcasting on the 23/24 January 1999. This conference was held in Luxembourg and BECTU was represented at this conference by Assistant General Secretary Gerry Morrissey and Jack McNairn.

81 MEI has at pan-European level started the process of opening a social dialogue with the employers in live arts and the European Broadcasting Union.

82 The NEC reported to the 1998 conference that the future of MEI as an independent trade union international body was in serious doubt. Discussions have taken place during the course of 1998 and agreement has been reached between FIET, Communications International and MEI to create a single international body, to be called United International. During the amalgamation discussions, MEI has secured all of the guarantees that it sought and MEI will be a discrete sector of the new United International when it comes into being in the year 2000.

83 The Euro Group convened by BECTU and covering a range of other unions and employer organisations has remained very active. The growing threats to public service broadcasting in Europe, despite the achievement of the Amsterdam Protocol, has required vigorous and continuous lobbying of the UK Government, the European Parliament and the Commission. Current pressure from the major multinational media conglomerates to undermine the financial base of public service broadcasting, its programme remit and broadcasting specific regulatory structures have continued unabated but, thus far, we have been effective both nationally and internationally, through our organisation of European unions, Euro-MEI, in preventing the implementation of damaging initiatives. European copyright activity is reported under the paragraphs below on the Copyright Committee. Other activity has entailed interventions on proposed support systems for European film production and distribution. The assistance given to the union by Carole Tongue MEP has been crucial to our successes in the area of European legislation. Euro-MEI has also been an important vehicle for effective action on these issues.

Proposition 8/99 Cuba (AP28)

That this annual conference:

congratulates the Cuban people on the 40th anniversary of the revolution;

celebrates the subsequent achievements in health and education unparalleled in Third World countries;

condemns the aggressive and unlawful attempts to undermine Cuban national sovereignty by the United States of America;

calls upon the British government to continue to make its opposition to the United States' economic blockade of Cuba clear through public statements and its vote at the United Nations and other international bodies and to call for the unconditional lifting of the blockade;

and instructs the NEC to seek to win support for these policies both at branch level by encouraging branches to affiliate to the Cuba Solidarity Campaign and through appropriate bodies on which the union is represented both nationally and internationally.

Central London OB Engineers

Proposition 9/99 Travel outside the UK and Ireland (AP6)

That this annual conference, in view of the restrictions being placed on member democracy by the union's financial position, asks the NEC to assess the amount currently spent on travel outside the United Kingdom and Ireland, and to draw up strict criteria, setting a limited budget if necessary, to ensure that all expenditure can be fully justified to conference as essential to the interests of members.

North West Freelance

Copyright Committee

84 The Copyright Committee has remained extremely active. Among the initiatives undertaken have been the establishment of clear membership links with the directors' collecting society the DPRS and strong membership links with the Designers and Artists Collecting Society - DACS. The DACS arrangements cover members in the Art Department and in the Animation and Visual Artists Branches. Among the primary objectives of these new relationships is to ensure that our members benefit from the revenue collected and distributed by DACS. Other key aims include detailed discussions with DACS to establish which of our members in these branches have copyright in their work and in what contractual circumstances they can exercise these rights. Detailed discussions are scheduled between these branches and DACS to clarify these issues in order that members can be authoritatively advised as to their rights and the best contractual means to ensure their implementation.

85 The Committee has also been active in monitoring current legislation which could impact upon our members rights as copyright holders, both domestically and in Europe. The proposed European Copyright Directive currently passing through the European Parliament has required continuous and focused lobbying by the union to seek to ensure that its provisions do not damage or undermine the rights of our members. Lobbying activities have included the circulation of letters to all MEPs countering the arguments of commercial and other groups who have sought to limit or eliminate our members' rights in the new and challenging digital environment. Activity in this area has been ongoing and our Copyright Consultant, Geoffrey Adams, has provided invaluable support.

86 Rights are increasingly becoming a key area for collective bargaining and for political activity in the broadest sense on the part of the union. The multiplication of outlets for the use of our members' work has made these rights key elements in their future income. Employers are increasingly seeking 'all-rights buy-out contracts' across our industries for both economic and moral rights and the union's response must remain vigorous and comprehensive in this area.

87 The union has continued to provide the services of our Copyright Consultant to individual members and this has proved a service of growing value. The agreement of a Code of Practice with all major broadcasters to inhibit the growth in copyright piracy, has also been a considerable success during the year. All members of the Committee are to be thanked for their active support of the Committee

History Project

88 The BECTU (formerly ACTT) History Project began recording interviews in 1987 with individuals giving personal recollections of their lives and times in the British film and television industry. The value of these interviews, which now total four hundred and sixty nine, was quickly recognised by the British Film Institute, which agreed to act as a repository.

89 As the History Project has become more widely known, it is now routine to offer researchers, television and radio producers, authors, academics, biographers, etc., the opportunity to study the recordings.

90 The History Project has also been active in celebrating the centenary of cinema and has proposed half a dozen key figures for memorialisation. It organises occasional screenings and other events relating to its preoccupations and enjoys productive relationships with the BFI and BAFTA.

91 Financing and fund raising is fundamental to the History Project's survival. The Project is pleased to announce that the Kraszna Krausz Foundation, which gives financial support for projects in the fields of photography and the moving image, has recognised its importance and has awarded the Project a grant of £3,500 to help fund the enormous task we have now embarked upon of transcribing the tapes.

92 Remember if you have your own story, or know of someone who has a story to tell of a career in film and television, or you would like to participate in our activities, please let us know.

Research

93 Monitoring of Government policy and European policy developments, the provision of briefings, and the presentation of BECTU's views in consultations by public bodies have been a continuing focus of the Research department's work.

94 Papers produced in the period since the writing of the last BECTU Conference Report include the following:

• Submissions to European Audiovisual Conference on European Support for the Audiovisual Industry; Employment and the Audiovisual Industry; the Right Regulatory Framework for a Creative Media Economy in a Democratic Society.

• Comments to the European Commission/DTI/DCMS on EC Green Paper on Convergence.

• Response to DTI/DCMS on 'Regulating Communications' Green Paper.

• Letter to MP's on original Trade Union Recognition Proposals.

• Response to DTI on Fairness at Work White Paper.

• Paper to BSAC on Job Creation in the Audiovisual Sector.

• Response to the Kaufman Committee Inquiry into Audiovisual Communications and the Regulation of Broadcasting.

• Submission to ITC on Revisions to C4 Licence.

• Comments to DTI on Draft Regulations and Consultation Paper on Working Time Directive.

• Comments to TUC on Part-Time Workers' Directive and Freelance/Short-Term Contract Workers.

• Report on Welsh Assembly and its Implications for Broadcasting.

• Evidence to Welsh Affairs Committee on Broadcasting in Wales and the National Assembly.

• Updated Report on the Scottish Parliament and its Implications for Broadcasting.

• Response to TUC Consultation on European Fixed-Term Contract Proposals.

• Notes to MEI for Europe Public Service Broadcasting Conference.

• Comments to DTI/DCMS on European Commission Draft Proposals on Public Service Broadcasting.

• Response to DCMS Comprehensive Spending Review on The Arts; and Film Policy.

• Response to ITC Consultation on ITV Schedule Review.

• Comments to DCMS on progress of Film Policy Review

• Draft Response for MEI on Council of Europe 'Cultural Work within the Information Society'.

• Evidence to MMC Inquiry into proposed BSkyB/Manchester United merger.

• Summary of Late Payment of Commercial Debts Act.

• Lobbying material for EU Draft Directive on Copyright in the Information Society

95 Attendance at outside bodies on behalf of BECTU included meetings of the DCMS Film Statistics Working Group and the TUC Legal Officers' Group.

96 Research and information work on collective bargaining and individual representation issues has continued in response to requests for information on pay and conditions, employment protection rights, company finances and economic indicators. Annual reviews were produced on the film industry, independent broadcasting, commercial radio and film laboratories. Requests for company searches were responded to by means of on-line access to Companies House Direct.

Legal services

97 The union's legal service, provided in conjunction with our solicitors Thompsons, yet again won in excess of £1m for members in damages and settlements during the year. At any one time, the legal service is processing hundreds of cases - at a level ranging from preliminary advice to full High Court proceedings.

98 The range of cases included personal injuries, employment protection issues (eg unfair dismissal, redundancy, statements of terms and conditions), equality (race/sex/disability discrimination; equal pay), transfer of undertakings, breach of contract (especially monies owed), pension mis-selling and personal injuries in road accidents.

99 An additional service now available to BECTU members (and their families) involved in road accidents is a Car Hire/Repair Scheme. This new service is operated via Thompsons.

Member services

100 In addition to the legal service, information on a range of other services to members can be obtained from BECTU Research Department as well as from the 'BECTU 100' leaflet. These include advice and assistance on tax, national insurance, pensions, copyright (including access to the union's copyright consultant) and financial matters. Recent developments have included the following:

Tax and National Insurance

101 The main issue during the year was the change governing allowable subsistence expenses for PAYE freelances working 'away from base'. BECTU was part of an all-industry lobbying campaign to resist the change but despite getting an amendment moved to the Finance Bill, the Government majority was sufficient to proceed with the new approach. Advice has been issued to members, who are urged to ask for grossed-up payments to compensate for any loss of allowances.

102 Tax advice and the union's up-dated freelance tax leaflet have been provided to members throughout the year.

103 National Insurance issues arising during the year have included the NI status of set crafts workers and revised NI arrangements for performers.

Financial services

104 Free public liability cover up to £3m continues to be available to all freelance members in good standing as part of their BECTU membership. The range of customised products available to BECTU members has been extended, on the basis of demand from members, to include professional indemnity insurance.

105 The range of financial services available to members via Aon (formerly Minet) and other providers is summarised in the 'BECTU 100' leaflet.

Proposition 10/99 Freelance long-term savings plan (AP14)

That this annual conference calls upon BECTU to campaign vigorously, in concert with fellow unions and other interested bodies for a thorough reform of the tax system. The object is, in general, to lift a substantial proportion of the burden from the shoulders of lower-paid workers and shift it to those who are better able to afford it: and more particularly, to address the particular problem of freelance workers.

Animation

Proposition 11/99 Short-term savings plan for Schedule D members (AP15)

That this annual conference urges that BECTU assist in setting up a short-term savings plan into which BECTU Schedule D members could deposit untaxed excess income and receive a high rate of interest. The plan would enable such members to preserve funds for years in which they may experience shortfalls in their income thus enabling them better to manage their resources. These funds could be drawn out of the fund in lean years when they would be subject to tax along with other income in that year's tax return.

Animation