87 The NEC at its meeting on the 4 July 1999 agreed to carry out a fundamental review of staffing in the membership, records and employment area at BECTU's head office. As part of this exercise it was agreed to allow Electoral Reform Ballot Services Limited (ERBS) to tender for the subscription administration work carried out by BECTU.
88 The NEC at its meeting on the 15 August 1999 considered a detailed presentation by ERBS based upon the processing of new application forms by existing members paying by direct debit, standing order, by deductions at source and by cheque, the processing of 'Where are you now?' follow-up letters, and the handling of subscription payments by credit/debit cards. The total administration costs quoted by the ERBS amounted to £24,714 for handling the subscription administration from the 1 October 1999 to the end of September 2000.
89 The NEC decided partly for financial reasons and partly for reasons of efficiency to award the administration work associated with BECTU subscriptions to the ERBS for a period of one year from the 1 October 1999.
90 In the consequential restructuring of the membership and records area the membership officer, Pam Harbord, left the union's employment in November 1999.
91 One of the determining factors in the NEC reaching the decision that it did was the view expressed by the membership and records staff through their recognised shops that whilst it would be possible in principle for an in-house bid to be submitted, this would require either - relatively speaking - significant extra staff or would put remaining staff under an unreasonable pressure of workload. The NEC therefore decided to take an alternative approach of seeking guarantees of assurances for the staff currently permanently employed in the department.
92 The NEC expect to make annual savings of approximately £100,000 per annum out of the restructuring proposals that it has agreed.
93 The arrangements with ERBS were reached against the background of the installation of a new membership database by Miller Technology Limited. The NEC had to replace the previous database in 1999 because its suppliers/maintainers had advised that it was not millennium compliant.
94 As reported to the 1999 conference, great care was taken by the NEC in arriving at a decision in respect of the new membership database. Aware that the union did not have sufficient expertise in-house to reach a conclusion about the different systems on offer, the NEC agreed to engage a firm of reputable consultants, Fisher Technology PLC, to advise it through the process.
95 The contract for the installation of the new membership database was awarded to Miller Technology. The new database should have been up and operating satisfactorily at the end of June 1999. At the time of writing the new system is still not operating satisfactorily and requires almost daily attention from Miller Technology.
96 The figures for the recruitment of new members are encouraging, but as in previous years retention is still a significant problem. Effective mechanisms for addressing this depend on a reliable and functioning membership database. Unfortunately, we have experienced repeated problems with the new database, sometimes making it impossible to get reliable membership figures. Once these are sorted out, we will be able to give the retention problem the priority it requires.
Health and safety/equality consultancy
97 The NEC at its meeting on the 15 August 1999 decided not to renew the consultancy agreement with Jane Paul.
Training officer
98 The NEC at its meeting on the 26 September 1999 considered how to deal with proposition 17/99 carried at the union's 1999 annual conference. Proposition 17/99 was worded as follows:
That this annual conference instructs the NEC to appoint a Training Officer as soon as possible, and, in any case, no later than the end of 1999.Furthermore, that the union should develop a long-term strategy in association with the needs of the industry, particularly in view of the deficit of health and safety instruction in an increasingly untrained workforce.
99 The NEC at that meeting decided to see if National Official Trish Lavelle, who was at the time on maternity leave, would upon her return to work be willing to devote three days a week to carrying out the duties of the training officer.
100 The NEC's decision resulted in a number of branches protesting that the spirit of proposition 17/99 called for the appointment of a full time training officer. The NEC consulted with all of the divisional committees of the union and with the training committee, following which it agreed at its meeting on the 12 December 1999 formally to offer Trish Lavelle the position of training officer until the conclusion of the union's 2000 conference on the understanding that she was to carry out the duties of the training officer three days a week. The other two days' effort were to be split between the industrial areas serviced by AGS Marilyn Goodman and AGS Gerry Morrissey. The offer was accepted by Trish Lavelle, and she returned to work on this basis with effect from the 10 January 2000.
BECTU staff
101 The NEC at its meeting on the 26 September 1999 considered the agreement that had been reached on pay with the officials' and secretarial/clerical shops at ACAS on the 27 November 1998. Part of that agreement was that the 1999 pay award would, subject to the union's financial position, cover the period from the 1 October 1999 to the 31 December 2000 and that the pay award should be based upon the August 1999 RPI plus 1%. There would thereafter be a change of settlement dates from October to January for all subsequent settlements. The NEC decided to proceed on these terms.
102 Since conference 1999 the following members of staff have left the union's employment: Vicki Ager, Roy Lockett, Irene Fick, Pam Harbord, Yoko Ishiguro, Christina Driver, Ella Chapman and Trisha Boland. The following have joined BECTU's staff: Amelia Gifford and Mark David-Gray as national officials; Rebecca Haywood-Powell as secretary in the Cardiff office; Kieran Marsh as general services clerk; and Kyra Williams as evening/weekend receptionist. Mick Hardy covered Trish Lavelle's maternity leave in the Birmingham office until the end of 1999.
103 The months shortly following conference 2000 will see the retirement of key members of the finance department, George Maniatakis, Trevor Nicholas and John Khan. All have served BECTU and its predecessor unions with distinction. In particular, the NEC pays tribute to George's impeccable services to ACTT and BECTU since 1976. At the time of writing the NEC is advertising for a Finance Officer to succeed him.
The Davies Committee report
104 The NEC at its meeting on the 15 August 1999 considered the recommendations of the Davies Committee on the future funding of the BBC. The NEC were particularly alarmed regarding the recommendations of the Davies Committee that BBC Resources should be privatised and that the BBC should sell off 49% of its interests in BBC Worldwide. The NEC were concerned that the recommendations of the Davies Committee were potentially devastating to the BBC and to the concept of public service broadcasting in the UK. There was, in the view of the NEC, a complete failure by the Davies Committee to understand the damage that would be done to the craft basis of the audio/visual industry in the UK if BBC Resources were privatised. The NEC agreed that BECTU would use all means at its disposal to campaign against these proposals.
105 The NEC worked with the BBC division in campaigning against the Davies Committee recommendations. Submissions were made to the Secretary of State for Culture, Media and Sport, and to the Select Committee on Culture, Media and Sport, in response to the Davies Committee report. Representatives of BECTU met with the Secretary of State to set out in detail their concerns, and gave evidence to the Select Committee.
106 On the 21 February 2000 the Culture Secretary announced that he was not accepting the Davies Committee's main recommendation (that the development of digital services be financed by a supplement to the licence fee), but that for the next five years the licence fee would be increased by 1.5% above the RPI. This is conditional upon the BBC improving efficiency, matching licence money with internal savings, and maximising its assets. Though BECTU cautiously welcomed the lifting of the immediate threat of privatisation, we still plan to take whatever steps may be necessary to prevent the BBC from selling Resources and Worldwide.
Working Time Regulations
107 During the course of last year the government introduced two amendments to the Working Time Regulations which currently weaken the effect of these regulations. One removes the responsibility from employers to keep recommendations in respect of the hours worked where individuals have opted out of the working time regulations, and the other seeks to discount as working time additional hours worked voluntarily by some categories of staff. In its submissions to the Department of Trade and Industry, BECTU has indicated that it regards both of these regulations as undermining the original purposes of the European Directive and that it believes both directives can be challenged in law.
108 BECTU is still awaiting a date for a hearing of the reference to the European Court on its challenge to the UK government on section 13 of the Working Time Regulations. (The legal challenge was fully reported to the 1999 conference.) However, in January 2000 the European Commission declared that it supported BECTU's case that every worker, without exception, is entitled to paid annual leave. Though not binding on the European Court, it is highly unusual for the Court to ignore the Commission's opinion.
Proposition 18/00 (AP11) Working Time Regulations
That this annual conference notes that the Working Time Regulations are worded in such a way that unscrupulous employers continue to demand excessive working hours and to deny workers their statutory breaks.
In particular the facility to have derogations on breaks adversely affects freelances and casuals, thereby making permanent employment vulnerable.
Accordingly this conference instructs the NEC to campaign in the TUC and Labour Party for:
START="a" type="a">
Northern Freelance
Amendment:
Add at end of second paragraph: "Employers who ask potential employees to sign away their statutory rights on a contract of employment should be highlighted, for example in the same way as in the 'Ask First' section of the union journal."
South West Freelance
Research
109 BECTU's views on public policy issues have been presented whenever relevant and significant for the union on industry issues and labour market issues. Papers produced in the period since the writing of the last BECTU conference report include the following:
- Comments to European Parliament on proposed restructuring of Parliamentary Committees
- Response to Labour Party Policy Review Consultation Paper on Industry, Culture and Agriculture
- Submission to DCMS on BBC Funding
- Submission to House of Commons Committee on Culture, Media & Sport on BBC Funding
- Correspondence with DTI on Late Payments of Commercial Debts (Interest) Act 1998
- Comments to DTI on proposed amendments to Working Time Regulations
- Submission to DTI on The Regulation of the Private Recruitment Industry (specifically on employment agencies in the entertainment sector)
- Comments to the DTI on the proposed Small Business Service
- Paper on DCMS/DTI document 'Reflecting Communications: The Way Ahead'
- Comments to TUC on the GATS Round and the Audio-visual Sector
- Comments to the TUC on the Part-Time Workers Directive
- Submission to DSS on Pensions Green Paper
- Response to DSS/Inland Revenue consultation on Stakeholder Pensions
- Response to Arts Council of England consultation on Lottery strategy
- Drafting of Parliamentary Question on film distribution
- Response to BFI Film Education Working Group on 'Making Movies Matter' (specifically on copyright and access)
- Comments to Independent Expert Group on Mobile Phones (on radio-frequency radiation hazards)
111 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
112 The union's legal service, provided in conjunction with our solicitors Thompsons, again won in excess of £1million for members in damages and settlements during the year. As usual, at any one time, the legal service is processing hundreds of cases - at a level ranging from preliminary advice to full High Court proceedings.
113 The range of cases included personal injuries, employment protection issues (e.g. 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.
114 A new development during the year was the launch of Thompsons McClure as BECTU's solicitors in Northern Ireland - based on a merger between Thompsons and our existing Northern Ireland solicitors.
Member services
115 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 and our new leaflet 'BECTU Services and Benefits'. These include advice and assistance on tax, national insurance, pensions, contracts, copyright and financial matters including access, where appropriate, to the union's copyright, tax, pension and contract consultants.
Tax
116 There is a continuing concern about the taxation of subsistence expenses for PAYE freelances working 'away from base', following the changes introduced in the Finance Act 1998 - the effects of which are only beginning to be recognised in some areas.
117 During the last year we have also faced Treasury proposals on the tax treatment of service companies, with widespread controversy across many sections of industry. The original proposals would have introduced a more restrictive test in determining the tax status of those operating through service companies and would have threatened the Schedule D status of many freelances currently on the long established Schedule D list. Fortunately, following lobbying from BECTU and others, these proposals have now been amended and the new test will no longer be introduced. While the proposals may still have a significant impact on groups without established Schedule D credentials (e.g. IT consultants), the negative impact on BECTU members should now be substantially avoided.
118 There is a continuing difference of view with the Inland Revenue, who have sought to argue that the Working Time Regulations are incompatible with Schedule D status. BECTU does not accept this and is continuing to challenge the Revenue on this issue.
Copyright
119 Backed by the Copyright Committee and by the relevant groups of members, BECTU has continued to lobby on copyright policy issues including the EU Draft Directive on Copyright in the Information Society and the Draft Directive on Artists' Resale Rights (Droit de Suite).
120 The union is in continuing discussion with the collecting society DACS (Design and Artists Copyright Society) on behalf of those groups of members for whom the Society can begin to collect secondary payments, under our recently agreed arrangements.
121 The union's copyright consultant, Geoffrey Adams, continues as an invaluable source of advice for BECTU, the Copyright Committee and individual members.
Proposition 19/00 (AP24) Equitable remuneration right
That this annual conference urges that BECTU supports and campaigns for the payment of equitable remuneration due to Animation artists and other creatives in BECTU where this issue is not yet being directly addressed.
Animation
Journal
122 Ten more issues of the union journal have been published since the last conference report, and the design of the magazine has developed further over this period. Cover stories have highlighted the union's concerns and campaigns: the new PACT agreement and industry training, the Davies report on the BBC, the AFVPA dispute and the scandal of backstage working conditions in theatres. Officials took advantage of the magazine to explain to members the terms - and benefits - of the raft of new employment rights legislation emanating from the Labour government.
123 The magazine paid tribute to the lifelong contribution to the union made by Deputy General Secretary Roy Lockett, who retired in August last year, and to the dedication of Laboratories representative and NEC member Bob Caswell who died suddenly in November.
124 Stage Screen & Radio marked the arrival of 2000 with an eight-page review of a century of activity of our union and its forebears, starting with the Adelphi Theatre sackings of 1890 which led to the foundation of the United Kingdom Theatrical and Music Hall Operatives' Union.
125 Other coverage included the European elections, ongoing reports of the Directors' Rights Campaign and BECTU's successful careers and training advice service Skillsbase.
126 Stage Screen & Radio followed up its previous report on ethnic minority employment with new statistics in the July/August 1999 issue. This was assisted by the ITC's agreement to BECTU's request to publish more equality statistics in its annual performance review of independent broadcasting. The new figures indicated that little progress had been made by the broadcasters - though several initiatives have now been launched within the industry.
127 On a lighter note, the journal ran articles on the BBC series Walking with Dinosaurs, an interview with Dynamation inventor Ray Harryhausen, a new exhibition at the Rose Theatre (the first Tudor playhouse on Southwark's Bankside), and book reviews.
Equality Committee
Allocation of duties
128 BECTU's specialist Equality work is carried out by national officials Freda Chapman and Amelia Gifford in addition to their industrial duties in the RPD/LPD/Labs team and the Broadcasting/A&E respectively. Amelia Gifford has taken over Irene Fick's duties in this respect, with responsibility for the Black Members' Subcommittee and the Disabled Members' Network. Freda Chapman retains responsibility for the General Equality Committee and the Women's Committee.
Equality Projects
129 The General Equality Committee hosted a one-day conference in November 1999 entitled 'Equality+Diversity'. The aim of the conference was to bring together branch and divisional equality activists with staff, NEC members and divisional representatives, to begin mapping out an industrial strategy for the union in this area.
130 Although unfortunately none of the divisional representatives were able to attend, the general feedback from the day was positive. At the time of writing the GEC is still to draw up its report on the event, but some broad conclusions can be drawn. Firstly, that it is important that the work that divisions are doing on equality issues is communicated throughout the union, and particularly to branch equality representatives; secondly, that branches have access to up-to-date information on good practice and changing legislation; and thirdly, that BECTU recognises that the areas represented through the Equality committees are areas of potential growth for the union and commits sufficient resources to developing that potential.
131 The Black Members' Subcommittee is working on recruitment initiatives and has held some very successful open meetings. The BMSC is also working with the NUJ and the CPBF on a conference that will explore the lessons for the media that arise from the recommendations of the Stephen Lawrence Inquiry Report. In February 2000 it received a policy paper drafted by the journal editor, Janice Turner, further to her reporting in Stage Screen & Radio on ethnic minority employment in film and television. The policy paper was adopted by the NEC for submission to the British Screen Advisory Council, and is attached to this report as Appendix D.
132 The Disabled Members' Network has been working on the Disability Discrimination Act and its implications for BECTU both in representing disabled members and in providing union services to this group.
133 The GEC will consider in the new year whether to take steps to set up a consultative mechanism for BECTU's gay and lesbian members. There are a number of developments in this area which may require a more structured approach to representation.
Future Plans
134 The Equality committees, as well as progressing current issues, will be considering their role in BECTU's work on international issues, how best to support branch equality representatives, and how to improve liaison with the industrial work carried out by divisional and subdivisional committees.
National Health & Safety Committee
135 The National Health & Safety Committee has met regularly through the year to oversee the union's health & safety activities. A quarterly Health & Safety Newsletter also goes out regularly to our network of approximately 200 safety representatives, and to freelance members with an interest or expertise in safety issues.
136 The union continues to liaise regularly with the Health & Safety Executive (HSE) and plays a leading role on its Broadcasting & Performing Arts Joint Advisory Committee. An agreed guidance document for the Feature Film sector already exists, and work is under way on broader guidance for Film, Broadcasting and Multimedia production. We also contribute to specialist Working Groups on topics such as Use of Tallescopes in Theatres, Location Safety, Set Design, Special Effects, Media Diving, etc.
137 We have made formal submissions to the government on various policy issues such as Stress, Passive Smoking at Work, Work-related Road Traffic Accidents, and the role of the HSE. At the time of writing we are gathering views from the various divisions for a submission on Employee Consultation on Health & Safety.
138 During the past BECTU has run a series of one-day courses, open to all members, on specific hazards or risks (e.g. COSHH, Manual Handling, Working with Computers); plus two five-day courses for safety reps and potential reps in Broadcasting and Film, and Arts and Entertainment, respectively.
139 The committee is now looking at how best to develop our training activities so as to maximise our health & safety presence in both permanently-employed and freelance work situations. This may mean fine-tuning our training support, and looking at the possibility of helping both safety reps and freelance members to achieve formally-accredited health & safety qualifications.
Proposition 20/00 (AP12) Production safety plans
That this annual conference welcomes BECTU's positive input to the recent work of the HSE Broadcasting and Performing Arts Joint Advisory Committee and its various working parties on production health and safety issues. However conference notes with concern that too many employers and production companies in this sector are still failing to prioritise health and safety or carry out their legal duties to protect the health, safety and welfare of their workforce. As a result they are continuing to put the lives of BECTU members and others at risk.
Conference believes that systematic approaches to production health and safety planning, risk assessment, monitoring and review procedures should be prioritised by employers and designers, and should be subject to full consultation with BECTU safety representatives and/or officials.
To this end, conference instructs the NEC to ask the union's National Health and Safety Committee and the officials concerned to press for the use of Production Safety Plans (or equivalent) by employers and production companies, and for effective consultation on all stages of planning, organisation, risk assessment, implementation, monitoring and review.
Conference also instructs the NEC to raise these issues with the Federation of Entertainment Unions and to seek to establish regular liaison between FEU affiliates to encourage the promotion and adoption of Production Safety Planning within the industry.
Conference asks the NEC to report back to the next BECTU annual conference on progress made on this matter.
Production & Management Support