Directorate conditions of service will reflect local needs, but must be based on the principles and core conditions in this Agreed Statement and the requirements of the Working Time Regulations.

Existing Directorate and local agreements and understandings will be reviewed at Directorate level, to ensure that the requirements of the Working Time Regulations are being met.

4 Scheduling Policy

4.1 Broadcasting - unpredictable work patterns and long hours

Broadcasting makes many demands on the people who work in the industry, unpredictable work patterns and long hours are often necessary. Within these constraints managers (including Producers) must ensure health and safety considerations remain paramount, whilst respecting the quality of life of individual members of staff. They should pay due regard to the need for people to have adequate off-duty time in order to balance the demands of work and home life.

4.2 Planning and allocation

The levels of concentration and physical or mental effort required to fulfil a task will vary greatly depending on the nature of the job, the environment in which it is undertaken and the skills of the individual concerned. Whether or not a particular duty is especially tiring or stressful, will depend on a complex range of factors and those responsible for planning programme production schedules as well as those who schedule staff directly will need to consider a number of factors within the context and the spirit of the Working Time Regulations, these include:

• Protracted periods of concentration;
• The degree of personal input to the work;
• The amount of variety in pace/activities/time pressure;
• Duration of the work;
• The amount of individual control over progress;
• Good teamwork;
• Frequent changes from day to night working;
• The risks inherent in the activity and the environment in which it is carried out.

The above considerations, together with the requirements of the Working Time Regulations, are part of the way in which the BBC intends to manage its business and therefore these factors apply equally to all employees on continuing or fixed-term contracts. (Separate management guidance covering freelances and casuals, which reflects the principles in this Agreed Statement, is available).

Only by taking into account these factors will it be possible for each individual to make the fullest possible contribution. Particular consideration will be given to:

• maximum length of the working day;
• the number of days scheduled consecutively;
• breaks between terms of duty;
• meal arrangements;
• the need for regular days off;
• taking of annual leave;
• avoidance of frequent changes from day to night working;
• in the context of the Working Time Regulations.

4.3 Scheduling Considerations

At times, broadcasting, and the continuity of the production process in particular, demands periods of concentrated effort from some or all members of the team. Working on location, foreign assignments. contractual obligations, topical developments, working with artists and contributors and proper consideration of efficiency and value for money will all affect the extent to which this is necessary.

Whether or not this is reasonable depends on a number of factors for which managers are responsible for assessing.

The Working Time Regulations indicate certain limitations on working time which should only be exceeded under particular circumstances. These requirements must be taken fully into account before schedules are finalised:

• A worker's working time, including overtime, in a reference period of 52 weeks-(the reference period to commence on 1 January each year, unless a variation is agreed locally) shall not exceed an average of 48 hours for each seven days.

• An adult worker is entitled to a rest period of not less than 11 consecutive hours in each 24 hour period during which he works.

• An adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which he works for his employer OR in place of the above:

  a) two uninterrupted rest periods, each of not less than 24 hours in each 14 day period during which he works; or

  b) one uninterrupted rest period of not less than 48 hours in each such 14 day period.

• Where an adult worker's daily working time is more than six hours, he is entitled to an uninterrupted period of not less than 20 minutes away from his work station if he has one.

• A night worker's normal hours of work in any reference period shall not exceed an average of eight hours for each 24 hours. The 17 week reference period to commence on 1 January, 1 May and 1 September each year, unless a variation is agreed locally.

A night worker is defined in Appendix E.

The following elements of the definition of working time will apply across the BBC:

• Travel time between home and base which is attached to a duty period will not count as working time.

• Travel time in the UK in excess of the individual's journey time between home and base which is attached to a duty period without a break intervening will count as working time. (Travel to a news assignment, travel to a production location and overseas travel will be matters for discussion within Directorates).

• When staff are on call at home or any other non-work location, this will not constitute working time for the purposes of the Working Time Regulations.

• In exceptional circumstances if an employee is required to be at their place of work on call, but is resting in a rest facility through this period, though available to work if necessary, such an employee would not be working and therefore this period will not count as working time. This would not apply in circumstances where employees are stood down from active work, but required to remain at the disposal of management at their place of work.

• Meal breaks and rest periods within or at the end of a duty period will not count as working time.

• Periods of release for education, including travel, will not count as working time, with the exception of attendance on an educational course which is directly relevant to employment at the BBC and arranged through the auspices of the BBC, eg Bradford Management Education Programme.

• Attendance on training courses which are a requirement of the job will count as working time. Travel time in the UK to and from a training course, in excess of the individual's journey time between home and base, will count as working time for reasons of health and safety, provided this is agreed in advance of travel with the individual's manager. Social time within a course will not count as working time.

• Where an employee takes work home, then time worked would only count as working time if that work is performed on a basis previously agreed with their manager.

• Time spent at management/trade union meetings within procedures will normally count as working time whether in normal scheduled time or not. Those attending such meetings will have been agreed in advance. Arrangement covering pay are separate from these provisions and are outlined in BBC/ Trade Unions Time-off and Facilities 1994. In exceptional circumstances and subject to prior local management agreement, trade union only meetings called for the purpose of progressing collective bargaining matters can count as working time. Time spent at union only meetings and time spent on trade union activities will not count as working time. (Employees agreed with the trade union as being on full-time release will be classified as ADTs for the period of their release.)

• Meal breaks (eg lunch) will be considered as working time when staff are required to attend a meeting. Where attendance at a meeting during a meal break is voluntary, this will not count as working time.

The definition of working time within this Agreed Statement is solely for the purposes of the Working Time Regulations and payment for work done will be subject to separate arrangements.

4.4 Management Procedure

Where working time is scheduled for a group of employees in such a way that it is likely to exceed 48 hours per week, the schedule must be referred to a designated Senior Manager for approval. (Note: Individuals can only exceed the 48 hours per week averaged over the reference period if they have signed the individual opt-out or they have been designated as being covered by the unmeasured working time provisions).

Where there is a requirement to change established scheduling guidelines which exceed the provisions of the Agreed Statement for daily rest periods, weekly rest periods, average weekly hours and night work, the change will be discussed within existing consultative arrangements.

Guidance on the recording of hours is set out in Appendix F. Guidance on appropriate compensatory rest is set out in Appendix G.

Staff who work on an individual self-scheduling basis and work a pattern of hours that is likely to exceed any of the guideline above, must record their hours of work. Managers whose staff work on a self-scheduling basis must encourage and facilitate staff to organise their working time to reflect the guidance above. Where any of the guidelines are exceeded, provision must be made for compensatory rest.

The Working Time Regulations provide for certain derogations, special cases and opt-outs which allow the regulations to be modified under certain circumstances. The provisions which apply within the framework of this Agreed Statement are set out in Appendix H.

Particular provisions apply to young workers and these are set out in Appendix I.

Particular provisions apply to new starters and these are set out in Appendix J.

In order to ensure that the spirit and intention of the Working Time Regulations are fully considered at the programme planning stages, each Directorate will maintain managerial procedures which will:

• Ensure those who seek to set patterns outside the limitations in paragraph 4.3 refer to a Senior Manager for approval. The Senior Manager will ensure that the schedules are reasonable in all circumstances and are based upon genuine operational requirements.

• Where schedules are drawn up in advance, which are outside the limitations set out in paragraph 4.3, individuals will be given the opportunity to discuss the schedules they are asked to work so that the reasons for the work patterns can be fully explained.

• Ensure significant changes to schedules are communicated quickly to staff.

• Establish arrangements for monitoring schedules and/or actual working patterns and establish a framework for review with the trade unions, where arrangements do not exist.

• Allow staff who believe that they have been required to carry out duties which are outside the principles contained in this Agreed Statement and the Working Time Regulations to raise the issue with Directorate senior manager(s) designated for the purpose and to be accompanied by a trade union representative or colleague if they wish. (See Appendix B)

4.5 Scheduling Practice

Basic Working Time

Basic working time will be specified by Directorates as 'hours' or 'days'.

For 'hours' staff, basic working time will be based on an average of 40 hours per week (inclusive of meals).

For 'days' staff, there will be an underlying requirement to work a minimum of 40 hours per week on average (inclusive of meals).

Accounting Periods

Days or hours will be calculated pro rata to an accounting period of four weeks for accounting periods of differing length.

Staff are required to work 20 basic days and/or 160 hours in a four week period or such number of basic duty days as is determined by locally negotiated work patterns.

The length of the accounting period will be determined by local negotiations or agreement.

Notice of Schedules

Duty schedules (or their equivalent) in areas where they apply should be issued as far in advance as practicable. This is for local resolution taking into account the nature and pattern of work involved, and the level, if any, of the unpredictability allowance being paid. Short notice changes are inevitable in some areas, but they will only be made when operationally necessary.

Work Patterns

Staff should only be scheduled or required for duty at weekends where operational requirements or service demands make this necessary.

All staff can expect occasional changes in, or extensions to, their duty periods, and to be contacted at home when off duty. However, staff whose pattern of work for more than half the year is unpredictable, will be paid a continuing unpredictability allowance at one of two levels, depending on the degree. The definitions used to assess which level, if any, that staff will receive and the associated implications for protected days off are given in Appendix A, together with current rates.

Split shifts will not be scheduled unless they are the subject of local agreement, and are a requirement of the scheduling arrangements.

Time-off between duty periods

Scheduling of time-off will follow the guidance set out in paragraph 4.3 and any arrangements which exceed this guidance will be subject to the protections outlined in the Agreed Statement.

In addition, every effort will be made to give staff the appropriate number of days off and to provide these as far as possible in groups of at least two consecutive days off at reasonable intervals within each accounting period, while taking account of the incidence and nature of the operational and service demands that have to be met.

It is accepted that staff should be able to make firm plans for their days off reasonably well in advance. To meet this expectation there will be protected days off within each accounting period. This means that staff regard days off defined in this way as being at their own disposal. Working on such a day will be voluntary whether as a changed time of basic duty or as an additional turn of duty.

The provisions for protected days off vary according to whether or not an unpredictability allowance is paid, and are detailed in Appendix A.

Where staff are required to work away from base on extended assignments of several weeks or more, it may be necessary to allocate protected days off within this period without a return home being possible. When this occurs every effort will be made to give other days off as close as possible to the beginning or end of such assignments.

Protected days off will be finalised as far in advance as operational circumstances permit. The detailed arrangements for doing this are a matter for local agreement and should be in keeping with the intentions expressed in Appendix A.

Special arrangements may also be agreed locally to cover individual assignments.

Provisions will be made for reasonable breaks between turns of duty and will be no less than the guidance in Section 4 unless subject to the protections set out in that Section. Any proposal to change or amend the present provision for the length of off-duty days must be negotiated within Directorates.

Meals

These will be scheduled or taken in accordance with the provisions set out in paragraph 4.3, unless agreement to vary them is reached locally.

Rewards for extra effort and for working at night

However basic working time is specified (ie the number of hours or days over an accounting period), extra effort outside this time will be compensated as specified in Directorate conditions of service.

All staff, whether they possess an unpredictability allowance or not, are entitled to extra reward for working at night (as defined by Directorates) whether it is worked as basic or extra duty.

Annual Leave

It is important for the health and well-being of all staff that they should take regular breaks from duty. A minimum of 3 weeks' annual leave in the leave year 1998 and 3 weeks and one day in 1999 and thereafter four weeks' annual leave, including statutory bank holidays and the BBC Corporation Day, must be taken, away from the BBC, during each calendar year. The leave year commences on 1st January each year.

Note: Staff with greater than three months' service, but less than 12 months' service, must take a proportion of the minimum leave which relates to their length of service.

It is also expected that staff will take their full BBC annual leave entitlement (which includes the minimum requirement) during the same period.

5 All inclusive arrangements

Any arrangement which provides for all inclusive arrangements packages for staff (eg daily/weekly rates for specific jobs, packages agreed for longer assignments, annualised contracts etc) must:

• be underpinned by a proper contractual relationship;
• be based on a consistent approach and be clearly related to business need;
• provide for annual leave in circumstances where the contract will exceed three months;
• conform with the Working Time Regulations set in the context of this Agreed Statement;
• not jeopardise the employee's health and safety.

6 Individual arrangements

Nothing in these conditions precludes local arrangements being agreed to cover the specific needs of individual assignments provided the Working Time Regulations are observed within the context of this Agreed Statement.

In particular, individuals may agree in writing that average working time in each seven day period can exceed 48 hours. Staff will be asked to sign an individual opt out which will include a provision for staff to give three months' notice in writing to withdraw from the optout. Staff can, if they wish, specify conditions attaching to their personal opt-out, eg the fact that they are not able to work at night.

Where an individual is engaged on a fixed term contract of less than three months, the notice will be the same as the length of the contract.

Appendix A

Unpredictability Allowance Level 1: currently 10% of salary (excluding LW) or £1850 p.a. (01.08.1998) respectively, for staff on conditions based on 'hours' and 'days' conditions.

The 'days' or 'hours' of basic duty do not follow a fixed pattern, and either or both may vary in response to operational needs; changes necessary to accommodate operational needs will be made with as much prior notice as possible, and staff will usually be notified of, or be able to determine, their expected periods of duty at least 14 days in advance (unless locally agreed otherwise).

Eight protected off-duty days will be nominated in each four week accounting period (pro rata for other accounting periods). As far as is practically possible, staff will be given four pairs of consecutive days off in each four-week accounting period. Two consecutive protected days off should normally be provided in each 14-day period, such that as far as possible staff will not be required to work more than 12 consecutive days without a break.

Unpredictability Allowance Level 2: currently 20% of salary (excluding LW) or £3700 p.a. (01.08.1998) respectively, for staff on conditions based on 'hours' and 'days' conditions.

Neither the days nor the hours of work can be inferred from any predictable pattern, as they are closely tied to operational needs; it is frequently necessary for staff to be flexibly responsive to unpredictable circumstances; and any pre-determined duties will be liable to subsequent change with little prior notice, right down to hours being changes on the day. Staff will usually be notified or, or be able to determine, any expected days or hours that are subject to a schedule, at least seven days in advance, unless locally agreed otherwise.

Four protected off duty days will be nominated or provided in each four week accounting period (pro rata for other accounting periods). These days will be scheduled, so far as possible, in pairs or with other off duty days.

All other staff

Four pairs of protected consecutive off duty days will be nominated in each four week accounting period (pro rata for other accounting periods).

Appendix B

Conditions of Service Framework Directorate Complaints Mechanism

Under the Agreed Statement, each Directorate must maintain a mechanism by which staff can raise any concerns about work patterns they have undertaken and which they feel are particularly onerous, with a senior manager. The essential features of the mechanism are set out below:

• a senior member of staff should be identified to receive complaints and would not normally delegate overall responsibility for dealing with the complaint. This does not prevent any investigatory work necessary from being delegated;

• confidentiality should be preserved as far as possible by the senior manager in any resulting investigations. Complainants should be informed of action to be taken and retain the right to withdraw their complaint at any stage;

• individuals who raise a concern should be allowed to be accompanied in any discussions relating to their complaint, with the senior manager;

• individuals raising concerns should suffer no detriment simply because they have raised an issue under the procedure.

Appendix C

Protected Continuing Allowances

Under Pay in the 90s, the BBC ceased to pay shift allowances for patterns of duty which involved unsocial hours (weekends, early mornings, etc), but which operated according to fixed rotas. The only work patterns to attract continuing allowances were those that met one of two definitions of unpredictable working. Staff who lost pay as a result had the cash amount of the loss preserved to them on a personal basis as a Protected Continuing Allowance (PCA), for as long as they stayed in their current job. An individual's PCA would then increase in line with general pay reviews.

The BBC will continue to pay PCA to staff who currently qualify for it. The payment will be made on the same basis as before, ie increased in line with general pay reviews and held on a personal basis while the individual remains in the current job.

Appendix D

Conditions of Service Special provision if agreement on Directorate conditions of service was not reached at Directorate level

The BBC recognises that the procedure agreement does not automatically provide for discussion outside the Directorates where agreement within the Directorate cannot be reached, and that this is of particular concern to the unions in respect of implementing this Agreed Statement.

The BBC is prepared to address this concern by providing a special arrangement to aid the processing of the Directorate negotiations:

- where there is a failure at Directorate level on proposals to implement the Agreed Statement, it would be agreed that either side may refer the issue(s) to a disputes meeting at Corporate level;

- where there is a difference at Directorate level as to whether Directorate Conditions breach the Agreed Statement or the Working Time Regulations, such issues can be referred to Corporate level.

Appendix F

Night Worker

A night worker is an employee who is scheduled to work at least three hours of his daily working time during night time on the majority of days on which he is scheduled to work. Night time being the period between 11.00 p.m. and 6.00 a.m. Such staff will be designated as night workers.

In addition, an employee who is likely to work more than three hours of his daily working time during night time on the majority of days on which he actually works will be designated as a night worker.

An adult employee designated as a night worker must be given the opportunity of a health assessment to be carried out under the auspices of the Occupational Health Service before taking up night work.

An employee engaged in regular night work and designated as a night worker must be given the opportunity of a health assessment to be carried out under the auspices of the Occupational Health Service, on a regular basis. An individual who works a pattern of work which involves working a significant number of nights may request a voluntary health assessment.

A young worker must not be assigned to work between 10.00 p.m. and 6.00 a.m. unless he has been given an assessment of his health and capacities carried out under the auspices of the Occupational Health Service.

The assessment must not be disclosed to any person other than the worker to whom it related unless the worker:

- has given his consent in writing to the disclosure, or

- the disclosure is confined to a statement that the assessment shows the person fit to carry out night work.

If a registered medical practitioner advises the BBC that an employee designated as a night worker is suffering from health problems which the practitioner considers to be connected with the fact that the individual performs night work, the BBC, where possible, will transfer the employee to work to which he is suited and which is undertaken during periods such that the employee ceases to be a night worker.

Appendix F

Recording of Hours

It is a requirement of the Working Time Regulations that the BBC records the hours of work of employees in certain circumstances.

Individual Opt-Outs

Where the BBC has agreed with an individual that the limitation on a worker s average working time including overtime can exceed 48 hours, for each seven day period, the following records must be kept:

- identity of all employees who have agreed that the limitation should not apply:

- any terms on which the limitation should not apply;

- the number of hours worked per week.

General Requirements

It is necessary to keep records to show the requirements relating to the limits:

- on an average 48 hours working time per seven day period;

- on night work;

- on health assessments relating to night work

are being met.

It is therefore necessary for the following categories to have their hours of work recorded:

1. All employees designated as night workers, whether or not they are covered by special case provisions.

2. All employees who are regularly working a pattern of work which involves or is likely to involve working 48 hours or more in a week.

3. New starters, where there is a possibility of the individual working more than 48 hours per week in the first 17 weeks of employment.

4. Individuals who are self-scheduling who regularly or who are likely on a regular basis to work more than 48 hours or more in a seven day period.

However, an employee who is working hours significantly in excess of their regular hours (eg 9.30-5.30 Monday to Friday) is required to notify their manager of this fact. It will be for the manager to decide whether the individual should have their weekly hours recorded to ensure that the weekly average hours limitation is not being exceeded. Encouraging staff to report when they are working hours significantly in excess of their basic hours does not remove from managers the obligation to ensure that the Regulations are observed and if the hours worked of any of their staff approach the weekly limit, they should ensure the hours are recorded.

The records are required for Health and Safety purposes and officials of the Health and Safety Executive can require the BBC to provide evidence of the hours worked.

The records have to be retained for two years from the date on which they are compiled.

Appendix G

A. Compensatory Rest

The Working Time Regulations introduce a concept of Compensatory Rest, whereby if any of the provisions of the Regulations are excluded or modified by a collective agreement or defined as a special case and a worker is thus required to work during a period which would otherwise be a rest period; he should be allowed wherever possible to take an equivalent period of compensatory rest.

In exceptional cases where it is not possible for objective reasons, to grant such a period of compensatory rest, appropriate protection must be afforded to the individual.

Where the application of the provisions relating to:

- weekly rest periods (two uninterrupted rest periods of not less than 24 hours or one uninterrupted rest period of not less than 48 hours in each 14 day period),

- daily rest periods (eleven consecutive hours' rest period in each 24 hour period during which the individual works),

- rest breaks (where a worker's daily working time is greater than six hours, he is entitled to an uninterrupted rest break of not less than 20 minutes),

are exceeded under the terms of the Agreed Statement 'Corporate framework on conditions of service', staff are entitled to compensatory rest when their hours of work are such that they are required to work during a rest period that would otherwise be a rest period as defined by the Working Time Regulations 1998.

Compensatory rest is an opportunity to have time off to reflect periods of intensive work activity and it will be incorporated in work patterns and schedules over an appropriate timescale. The details of how compensatory rest will be applied will be the subject of Directorate/local discussion. However, the following principles will apply:

The compensatory rest should be equivalent to the period of time that the individual has worked that would otherwise be a rest period, as defined by the Working Time Regulations.

REST BREAKS

Where it is not possible for an individual to take a rest period after working six hours continuously, the individual must be permitted to take a rest break of a minimum of 20 minutes earlier or later in the same period of continuous working. Where appropriate, the individual should take responsibility to ensure that a rest break of at least 20 minutes is taken.

DAILY REST PERIODS

Where an individual is required to work with less than an 11 hour rest period during the 24 hour period in which the individual works, the hours worked during the 11 hour rest period must be given as compensatory rest.

Wherever possible, scheduling practice should take account of the need to provide the 11 hour break.

WEEKLY REST BREAKS

Appendix A provides for protected off duty days, the application of the provisions will, in most cases, satisfy the requirements of the Working Time Regulations. Where individuals work on protected off duty days, compensatory rest will be managed within the current protected days provisions.

It is only in exceptional circumstances that managers can decide not to grant compensatory rest:

- where an individual leaves the organisation before taking the compensatory rest;

- where appropriate protection is provided, such as additional rest breaks within the working time or the provision of regular health checks.

Compensatory rest is a health and safety requirement and it is not acceptable to make payment in lieu of compensatory rest.

Appendix H

Derogations, Special Cases and Opt-Outs

Broadcasting

The Working Time Regulations provide that the regulations applying to:

- night work;

- daily rest periods;

- weekly rest periods;

- rest breaks;

do not apply in relation to worker where the worker's activities involve the need for continuity of service or production, particularly in press, radio, television and cinematographic production.

Staff directly involved in news gathering or news and current affairs programming (including on-line services), in the production of live radio and television programmes and in the production of recorded programmes where the scheduling of production is dictated by the availability of performers, suitable weather conditions, the availability of studios or location facilities/resources and the availability of the event (eg sports events for future transmission, animal behaviour for natural history programmes) are covered by this provision. In addition, staff who provide direct support to these programme making activities are also covered by the provision.

Staff involved in transmission, technical support, and press offices where continuity is a requirement are also covered by these provisions.

The staff covered by this provision will be informed following consultation with the trade unions and/or staff concerned.

Note: The regulations relating to the average weekly working hours of 48 hours still applies to staff covered by this provision and the requirements to provide compensatory rest as set down in Appendix G apply.

Security Activities

The Working Time Regulations provide that the regulations applying to:

- night work

- daily rest periods

- weekly rest periods

- rest breaks

do not apply where the worker is engaged in security and surveillance activities requiring a permanent presence in order to protect property and persons, as may be the case for security guards and caretakers or security firms.

A number of premises management staff are covered by this provision.

Foreseeable Surges of Activity

The Working Time Regulations provide for a foreseeable surge of activity as a special case. The BBC may on occasions designate staff as falling within this special case, for example when they are affected by activity relating to the coverage of a major event, such as a sporting event.

Unmeasured Working Time - Managing Executives and Autonomous Decision Takers

The Working Time Regulations provide that the provisions relating to:

- average weekly hours;

- night work;

- daily rest periods;

- weekly rest periods;

- rest breaks;

do not apply to managing executives or other persons with autonomous decision taking powers.

These Regulations do not apply to a worker who, on account of the specific characteristics of the activity in which he is engaged, the duration of his working time is not measured or pre-determined or the working time can be determined by the worker himself, and particularly in the case of persons with autonomous decision making powers. A manager who believes one of their staff is covered by this category should consult their Personnel Manager. The exceptions are correspondents and bureau staff who are designated as autonomous decision makers in that they determine their work and working time dictated by external events.

Unforeseeable Circumstances and Accidents

The Working Time Regulations provide that the regulations applying to:

- night work,

- weekly rest periods,

- daily rest period,

- rest breaks,

do not apply in relation to a worker where the worker's activities are affected by:

I. an occurrence due to unusual and unforeseeable circumstances, beyond the control of the worker's employer, or to exceptional events, the consequence of which could not have been avoided despite the exercise of all due care; or

II. an accident or the imminent risk of an accident.

By their nature, unusual and unforeseeable circumstances cannot be predicted. However, major news stories requiring an exceptional level of coverage and the application of additional resources to provide the coverage would come into this category. A significant absence of staff due to sickness, perhaps caused by a flu epidemic, might well fall within the category of an unusual and unforeseeable circumstance. Where a significant and unpredicted event occurs, the Senior Manager(s) of the Department(s) concerned will designate the sections and the staff affected by the emergency situation.

In the case of an accident or imminent risk of an accident, the Manager responsible will inform the staff affected by the emergency that certain of the Working Time Regulations will not apply for the period of the emergency.

NB The regulation relating to the average weekly working hours of 48 hours still apply to staff covered by these provisions. It is recognised that in the circumstances described in this section it may be necessary to make particular arrangements in respect of compensatory rest.

Individual Opt-outs

The Working Time Regulations require that a worker's average working time, including overtime, shall not exceed 48 hours for each seven day period, unless the worker agrees in writing that it should not apply in his case, provided that the employer complies with certain requirements.

The requirements are as follows:

a) maintain up-to-date records which

I. identify each of the workers who have agreed to the opt-out;

II. specify any terms on which the worker has agreed to the opt-out;

III. specify the number of hours worked by each worker during each reference period.

b) the employer must permit any person appointed by the Health and Safety Executive for the purpose of enforcing the Working Time Regulations to inspect the records on request and provide such information that person may request regarding any case in which a worker has agreed that the limit on hours should not apply to him.

An individual opt-out agreement may be for a specified period or can apply indefinitely. The agreement will specify a notice provision of three months and can specify any conditions attaching to the opt-out, eg the fact that they are not able to work at night.

Under the terms of the Agreed Statement a manager may request an individual to sign an individual opt-out provided it is justified by business requirements. However, the signing of an individual opt-out is voluntary and there must be no pressure on an individual to sign an opt-out and the individual must suffer no detriment by refusing to sign an opt-out.

Appendix I

Young Workers

A young worker is an individual who has attained the age of 15 but not the age of 18 and who, as respects England and Wales, is over compulsory school age and, as respects Scotland, is over school age. This includes work experience students in this age range.

A young worker must not be assigned to work during the period 10.00 p.m. and 6.00 a.m. unless:

I. The employer has ensured that the young worker will have the opportunity of a free assessment of his health and capacities before he takes up the assignment; or

II. The young worker had an assessment of his health and capacities before being assigned to work during the restricted period on an earlier occasion, and the employer had no reason to believe that that assessment is no longer valid, and

The employer must also ensure that each young worker employed and assigned to work during the restricted period has the opportunity of a free assessment of his health and capacities at regular intervals.

A young worker is entitled to a rest period of not less than 12 consecutive hours in each 24 hour period.

A young worker is entitled to a rest period of not less than two days, which shall be consecutive if possible, in each seven day period.

Where a younger worker's daily working time is more than four-and-a-half hours, he is entitled to a rest break of at least 30 minutes.

The restrictions on working time, average 48 hours per week, and the entitlement to annual leave also apply to young workers.

In certain circumstances some of the restrictions applying to young workers can be relaxed. It is not the BBC's policy to relax the requirements except in the most exceptional circumstances; managers who wish to relax the requirements should consult their local Personnel Manager.

NB The BBC has very few employees in the age range between 18 years and the compulsory school age.

Appendix J

New Starters

Subject to the provision of appropriate compensatory rest the application of the Regulation relating to night work for employees designated as night workers will be suspended for the first 17 weeks' of employment.

In a minority of cases a new starter will be joining a department where the hours worked, because of business requirements, do not, particularly in the early weeks fall within the requirement of the Agreed Statement or fall within the 48 hours average per week because of the short reference period.

In these circumstances, new starters will be asked, on a voluntary basis, to sign the individual opt-out for the first three months of their employment.

20/11/98