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Agreements |
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 (Letter from BBC to unions re: compensatory rest)
15 January 1999
Mr. Gerry Morrissey,
Dear Gerry,
WORKING TIME REGULATIONS: COMPENSATORY REST
As agreed at our last meeting, I am writing to confirm the BBC's
position regarding the Working Time Regulations.
The BBC recognises its responsibility to implement the Regulations
and as you are aware steps have been taken to ensure that we operate
fully within the law. Our discussions have been detailed and lengthy
reflecting the complex and diverse demands of the Broadcasting
industry. The BBC operates in a highly competitive 24-hour global
business. In order to respond to the need for continuity of service
and the pressure of external events, we need to be as flexible
as possible within the law.
Following our discussions, we are pleased that you have agreed
at National level that our amendments to the Agreed Statement
- C1a3 Corporate Framework on Conditions of Service - reflect
the new Regulations. This document and the attached revised scheduling
guidance will now form the basis on which we will implement the
Working Time Regulations across the BBC.
Compensatory rest for staff covered by derogations has been the
most significant issue between us. At the last NJC, we tabled
scheduling guidance which set out corporate principles on the
application of compensatory rest. We have subsequently revised
the document in the light of the comments you made about the timescales
within which compensatory rest will be given. As you will see
we have adopted your suggestion for the use of accounting periods.
You have also been seeking corporate commitments that compensatory
rest can be aggregated and that individuals should have a say
as to when it can be taken. 'Aggregation' and 'personal choice'
are not part of the Regulations or the DTI guidance and therefore
you have been seeking improvements well beyond the legislation.
We have given your views serious consideration, but we cannot
give a corporate commitment to aggregation as it is not practical
in all situations.
Our position is as previously stated: there is no obligation on
managers to aggregate hours of compensatory rest, but this may
occur where operational considerations allow. Compensatory rest
is not equivalent to annual leave and it cannot be administered
in the same way. However, our position on personal choice remains
unchanged ie requests to take compensatory rest will not be refused
unreasonably.
Throughout our discussions, we have made it clear that, given
the differing contractual arrangements and working practices across
the BBC, it is not possible to define a set of principles at the
corporate level which are sufficiently comprehensive to meet all
the unions' demands. Most people at the BBC work within the new
working time limits and have longer rest periods and better terms
and conditions of employment than the law requires. We also have
a range of mechanisms in place -some contractual and others derived
through local custom and practice - which compensate staff for
working long hours. Our rotas, schedules and working patterns
are designed to accommodate adequate rest breaks and the need
to ensure a safe working environment, although it is recognised
that modification to existing scheduling practice will be necessary
in some areas.
In practice, the detailed application of compensatory rest can
only be determined at a local level as it has to reflect local
working needs and conditions. At the last NJC meeting this seemed
to be accepted by the unions, as you made the distinction between
regular 5 day a week office workers and other staff who have to
work a more flexible and unpredictable working pattern. You also
seem to have accepted this principle, by seeking separate assurances
for existing "10's and 12's" agreements in Resources.
In order to reflect local conditions, you have accepted that Directorates,
where necessary, will produce separate scheduling guidance to
meet local working arrangements.
The variety of working practices and conditions across the BBC
are such that we cannot give a corporate commitment that compensatory
rest will always be given at a time when the individual would
otherwise be working. BBC staff typically receive longer rest
periods and breaks than the law now requires. You appear to be
seeking a situation whereby compensatory rest will always occur
in paid time. This is not a requirement under the Regulations
and, if we adopt this approach, it will lead to an increase in
our costs and undermine our competitive position.
We have taken a range of legal advice on this matter and it is
clear that compensatory rest can be taken at any time which is
not:
However, we would have to review this position if we did not have
the benefit of a 52 week averaging period.
You have made it clear that your agreement to a 52 week averaging
period depends upon the issue of compensatory rest. A 52 week
averaging period would provide greater operational flexibility
which is particularly important to accommodate peaks and troughs
in workload and the scheduling of long programme runs. One averaging
period across the BBC also allows the consistent management of
all staff. We are well aware that without trade union agreement
the averaging period will revert to 17 weeks unless staff are
covered by a derogation. Managing workload peaks and the 48 hour
week average will become much more difficult. This will place
us at a significant disadvantage, particularly in programme making
and output areas, compared with independent production and facilities
companies.
Each Directorate has reviewed the way in which it would have to
operate in order to implement the Regulations in the light of
shorter reference periods. Not having a 52 week reference period
would have a number of affects: there would be an impact on scheduling
and commissioning patterns which will increase the use of the
individual opt-out; the ability of managers to take personal requests
into account when assigning compensatory rest would be reduced
and it would generally result in less flexibility relating to
compensatory rest. It is clear that Directorates will have to
use the individual opt-out much more frequently than they had
planned in order to cope with the averaging restrictions. You
will recall that we have always said that the principles on the
use of the individual opt-out, which we discussed at National
level, were dependent on the 52 week reference period being accepted.
We had hoped through the process of discussion to establish a
workable collective basis for managing working time. Without agreement,
to maintain our output and service, we will have to become more
dependent on individual arrangements. I believe it would be regrettable,
after many months of constructive talks, if we are unable to reach
agreement. However, if agreement is not reached, the BBC will
still be firmly committed to ensuring all staff have sufficient
time off to comply with the law and to balance the requirements
of work and home life.
Yours sincerely,
Mark Waters
Enc.
SCHEDULING AND THE PROVISION OF COMPENSATORY REST CORPORATE GUIDANCE NOTE
INTRODUCTION
This guidance should be read in conjunction with Agreed Statement
C1a3 - Corporate Framework on Conditions of Service - which has been updated
to reflect the Working Time Regulations 1998.
Within the practical requirements of providing a 24-hour events-driven
service, the BBC recognises that there is a need for all staff
to have sufficient time off in order to balance the requirements
of work and home life and that the overall pattern of work should
respect the quality of life of individual members of staff.
Most people at the BBC already work within the new working time
limits and have longer rest periods and better terms and conditions
than the law requires. The BBC has a wide range of local arrangements
reflecting varied work activities and the need to respond to unpredictable
events. It may be necessary to modify some of these local arrangements
in specific ways in order to respond to the needs of the Regulations.
The BBC is committed to good scheduling practice and will always
attempt to establish work patterns that are within the requirements
of the Working Time Regulations. Although most people at the BBC
work within the new working time limits, the nature of programme
making and broadcasting is such that greater flexibility is needed
regarding some work activities and on occasions some staff may
be expected to work for long hours over concentrated periods of
time. The Working Time Regulations recognise this need for flexibility
and allow certain staff to be covered by a derogation - the Broadcast
derogation.
Staff are informed separately whether or not they are covered
by the Broadcast derogation. The working time limits, rest entitlements
and the 48 hour week average laid down in the Working Time Regulations
still apply to staff covered by the Broadcast and other derogations
(see below). However, the derogation means that on occasions,
staff can be required to work through their rest periods/breaks
for operational reasons, subject to them being given equivalent
'compensatory rest'. ('Compensatory rest' is a legal term and,
under the Regulations, the concept only applies when staff are
covered by a derogation).
The Broadcast derogation is only one of a number of derogations
permissible under the law. For example, there are derogations
covering 'unforeseeable circumstances and accidents' and 'foreseeable
surges of activity'. There may be some occasions where for short
periods of time these derogations may be applied to some BBC staff.
Should this be the case, individuals will be advised by their
manager.
SCHEDULING AND COMPENSATORY REST GUIDANCE
This guidance has been prepared for managers, staff and. for people
who are responsible for scheduling or who are in a position to
influence the working patterns of others.
The following principles should be read in conjunction with the
Agreed Statement:
- A worker has not had a rest of either:
b) one uninterrupted rest period of not less than 48 hours in
each such 14 day period;
c) an uninterrupted rest period of not less than 24 hours in each
7 day period he/she works for his/ her employer.
LOCAL WORKING ARRANGEMENTS
MANAGEMENT PROCEDURES
When schedules, rotas or work patterns unavoidably result in infringements
of the Working Time Regulations due to essential operational requirements,
they must be referred to a member of management, senior to and
not directly associated with those preparing the schedule, for
agreement and approval.
In addition, these schedules must be discussed in advance with
the staff being required to work them, and an opportunity be given
for staff to hear the reasons for the planned working arrangements
and to voice any concerns.
These provisions will be expanded in Directorate Scheduling Guidelines.
The Agreed Statement provides for each Directorate to establish
and maintain a mechanism by which staff can raise concerns about
a work pattern they have been asked to undertake, including any
issues relating to the scheduling principles contained in the
Agreed Statement and the guidance outlined above.
Guidance note to be read in conjunction with Agreed Statement
C1a3 November 1998
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