Agreements |
(Letter from BBC to unions re: BBC Broadcast Directorate position on Working Time Regulations)
15 January 1999
Mr. Gerry Morrissey,
Dear Gerry,
Following our informal meeting with you on 18th December I am
writing, as promised, to set out our position in Broadcast with
respect to the Working Time Regulations.
Broadcast wish to agree a 52 week reference period with you as
that would largely enable the peaks and troughs of the production
cycle to be evened out and allow a sufficient period to plan staff
allocation and staff time in a consistent, effective and fair
manner.
We believe that a 52 week reference period would have beneficial
consequences in the way we develop working within the Regulations.
In particular this means that requests for staff to opt out of
the 48 hour week could be kept to a minimum and limited mainly
to meet certain particular production and business needs.
We also believe that a 52 week reference period would allow the
scheduling of compensatory rest in a way which seeks to meet both
the interests of individuals and the requirements of the business.
Accordingly we have prepared a set of Scheduling Guidelines for
BBC Broadcast which set out comprehensively the way that Broadcast
would work in a 52 week period.
The guidelines have an appendix which specifically addresses the
question of how compensatory rest would be taken. (These guidelines
are similar to those issued by Production.)
As you know, under the Regulations compensatory rest need not
be provided at a time when the individual would otherwise have
been working. The principles outlined in the document demonstrate
our commitment to our staff but it is an approach which is only
practical within the context of the 52 week reference period.
If it is necessary for Broadcast to work within the constraints
of a 17 week or 26 week reference period it will be necessary
for us to work within a different set of scheduling guidelines.
We would have to schedule compensatory rest within the means allowed
by the Regulations and the principles set out above would not
be practical. If we are to operate in this way I attach another
set of scheduling guidelines. (These too are similar to those
offered by Production). You will also appreciate that without
the 52 week reference period we will have to ask more staff to
opt out of the regulations.
I look forward to you response. Should you wish to meet I am happy
to arrange this. I am writing separately to John Fray of the NUJ.
May I also add that I am aware of the discussion you had with
Production to discuss drama programmes. The document that was
tabled broadly coincides with our approach to drama productions
but if you think it would be useful to meet, please let me know.
Yours sincerely,
Steve Ansell
52 Week Reference Period
BBC BROADCAST: SCHEDULING GUIDELINES
Introduction
This document should be read in conjunction with the Agreed Statement
- C71a3: Corporate Framework on Conditions of Service which sets
out the requirements of the Working Time Regulations 1998 and provides a framework and guidelines for good scheduling practice.
The nature of broadcasting means that flexibility is often needed
when compiling schedules and on occasions staff will be expected
to work for long hours over concentrated periods of time. Within
these constraints it is recognised that there is a need for staff
to have sufficient time off in order to balance the needs of work
and home life and that their overall pattern of work should not
be unduly arduous.
Scheduling Practice and Procedures
Those staff responsible for scheduling staff, or who have influence
over actual working practices, will be required to follow the
principles contained within the Agreed Statement. This means that
only after very careful consideration and where there is a clear
need for continuity of service or production will schedules require
staff, whether in conditions of service or on all-inclusive salaries,
to work patterns which feature:
In circumstances when schedules are unavoidably outside these
parameters they must be agreed and approved as being essential
by a member of management senior to, and not directly associated
with, those preparing the schedule. As part of this process, they
must be discussed in advance with all those being required to
work them, and an opportunity be given for staff to hear the reasons
for the schedule and to voice any concerns or problems it might
cause. This process must take place sufficiently in advance of
the schedule to give time for proper consideration and to allow
for changes where practical.
Derogations under the Working Time Regulations
The Working Time Regulations describe, in addition to the Broadcast
derogation, several special circumstances under which the entitlement
to rest periods does not apply. The principal ones are known as
the 'location' derogation, and 'unforeseen' circumstances. In
all these cases workers are entitled to compensatory rest ( see
Appendix).
Opt-Outs under the Working Time Regulations
The Working Time Regulations permit staff to 'opt out' and agree
to work longer than 48 hours per week on average. In Broadcast
this should only be required on a limited basis.
Mechanism for dealing with complaints
Staff who believe in retrospect that their pattern of work has
been outside the principles contained in these Guidelines, or
has departed significantly from the
previously agreed schedule, may raise the issue with their Head
of Department or some other senior manager designated for the
purpose, and may be accompanied by a recognised trade union official
or colleague if they wish. Such concerns should be raised as quickly
as possible. Staff should be assured that if they raise a concern
about their work schedules they will not be penalised in anyway
as a result of doing so.
Correspondence such as notes of meetings related to the complaint
will be treated as confidential and not normally placed on personal
files. The complainant will be notified of the outcome in writing.
Once this has occurred the procedure is at an end.
Appendix
Compensatory Rest
The Working Time Regulations give workers the following entitlements
to rest:
Scheduling Compensatory Rest
Compensatory rest should usually be provided within two months
from notification that an infringement took place.
Where infringements have been scheduled in advance, ideally the
corresponding compensatory rest should be built into the schedule
and that time be recognised as safeguarded time as stated in the
principles below.
When practical an infringement of the daily rest period should
be avoided by immediately adjusting the starting time of the next
turn of duty.
Compensatory rest must be time off from duty; hours owed as compensatory
rest cannot be bought out.
Under the Regulations compensatory rest need not be provided at
a time when the individual would otherwise have been working,
providing that there is sufficient rest time in the current or
subsequent accounting periods to comply with the working time
regulations.
In some cases compensatory rest will coincide with periods of
downtime or scheduled time off. Where the compensatory rest is
not at a time when the individual would otherwise have been working
it will not be credited for pay purposes. However, in this case,
an individual may choose to place compensatory leave which is
owed to them under Conditions of Service, on to time that has
been nominated as compensatory rest, to convert that time to paid
time.
The following principles must be noted when scheduling compensatory
rest:
Where staff have had at least as many off duty days as there are
weeks in the accounting period, they will have had the appropriate
number of days of weekly rest.
Where staff have had fewer off duty days than there are weeks
in the accounting period, they will be owed compensatory rest.
Compensatory rest must be equivalent to the number of days that
staff should have had off under the working time regulation, but
were unable to take. For example, if in a 4 week accounting period
staff only have 3 off duty days of appropriate duration, they
would be entitled to 1 day of compensatory rest.
Compensatory rest must be provided as a full day of rest (24 hours
for a single day of rest, over and above the daily rest of 11
hours).
Any rest time over and above the requirements of the Working Time
Regulations may be nominated as compensatory rest providing each
day is of the appropriate duration. This may include:
Where staff have had less than an 11 hour rest period in each
24 hour period, they will be owed compensatory rest. Compensatory
rest must be equivalent to the number of hours by which the 11
hour rest period was infringed. For example, if staff only had
9 hours between duties, they would be entitled to 2 hours of compensatory
rest.
Where the infringement has been for a period greater than 4 hours,
the compensatory rest will be in the same form - i.e. greater
than 4 hours.
Where an infringement is 4 hours or less, subject to operational
requirements subsequent compensatory rest may be aggregated, if
this can be done in a way which suits both the individual and
the department.
Where a safeguarded compensatory rest day has been assigned to
a schedule, daily rest infringements may be 'banked' and assigned
to that day.
Any rest time over and above the requirements of the Working Time
Regulations may be nominated as compensatory rest for infringements
of the 11 hour rest period. This may include:
Hours which have been nominated as compensatory rest for infringements
of the weekly rest periods cannot also be nominated as compensatory
rest for infringements of the daily rest provisions
When practical an infringement of the daily rest period should
be avoided by immediately adjusting the starting time of the next
turn of duty.
Broadcast Personnel
January 1999
17/26 Week Reference Period
BBC BROADCAST: SCHEDULING GUIDELINES
Introduction
This document should be read in conjunction with the Agreed Statement
- C71a3: Corporate Framework on Conditions of Service which sets
out the requirements of the Working Time Regulations 1998 and provides a framework and guidelines for good scheduling practice.
The nature of broadcasting means that flexibility is often needed
when compiling schedules and on occasions staff will be expected
to work for long hours over concentrated periods of time. Within
these constraints it is recognised that there is a need for staff
to have sufficient time off in order to balance the needs of work
and home life and that their overall pattern of work should not
be unduly arduous.
Scheduling Practice and Procedures
Those staff responsible for scheduling staff, or who have influence
over actual working practices, will be required to follow the
principles contained within the Agreed Statement. This means that
only after very careful consideration and where there is a clear
need for continuity of service or production will schedules require
staff, whether in conditions of service or on all-inclusive salaries,
to work patterns which feature:
In circumstances when schedules are unavoidably outside these
parameters they must be agreed and approved as being essential
by a member of management senior to, and not directly associated
with, those preparing the schedule. As part of this process, they
must be discussed in advance with all those being required to
work them, and an opportunity be given for staff to hear the reasons
for the schedule and to voice any concerns or problems it might
cause. This process must take place sufficiently in advance of
the schedule to give time for proper consideration and to allow
for changes where practical.
Derogations under the Working Time Regulations
The Working Time Regulations recognise that there are certain
industries where the activities involve the need for continuity
of service or production and cite a list of examples where this
may be the case including radio, television and film production.
The Regulations provide for a 'derogation' to be applied which
means an increased flexibility in their application to recognise
that persons working in these areas may have to work through their
rest periods.
The Regulations describe, in addition to the Broadcast derogation,
several special circumstances under which the entitlement to rest
periods does not apply. The principal ones are known as the 'location',
'foreseeable surge in activity' and 'unforeseen circumstances'
derogations.
In all these cases workers are entitled to compensatory rest
(see Appendix).
Opt-Outs under the Working Time Regulations
The Working Time Regulations permit staff to 'opt out' and agree
to work longer than 48 hours per week on average.
Mechanism for dealing with complaints
Staff who believe in retrospect that their pattern of work has
been outside the principles contained in these Guidelines, or
has departed significantly from the previously agreed schedule,
may raise the issue with their Head of Department or some other
senior manager designated for the purpose, and may be accompanied
by a recognised trade union official or colleague if they wish.
Such concerns should be raised as quickly as possible. Staff should
be assured that if they raise a concern about their work schedules
they will not be penalised in anyway as a result of doing so.
Correspondence such as notes of meetings related to the complaint
will be treated as confidential and not normally placed on personal
files. The complainant will be notified of the outcome in writing.
Once this has occurred the procedure is at an end.
Appendix
Compensatory Rest
The Working Time Regulations give workers the following entitlements
to rest:
Scheduling Compensatory Rest
Compensatory rest should usually be provided within two months
from notification that an infringement took place.
Where infringements have been scheduled in advance, ideally the
corresponding compensatory rest should be built into the schedule
When practical an infringement of the daily rest period should
be avoided by immediately adjusting the starting time of the next
turn of duty.
Compensatory rest must be time off from duty; hours owed as compensatory
rest cannot be bought out.
Under the Regulations compensatory rest need not be provided at
a time when the individual would otherwise have been working,
providing that there is sufficient rest time in the current or
subsequent accounting periods to comply with the working time
regulations.
In some cases compensatory rest will coincide with periods of
downtime or scheduled time off. Where the compensatory rest is
not at a time when the individual would otherwise have been working
it will not be credited for pay purposes. However, in this case,
an individual may choose to place compensatory leave which is
owed to them under Conditions of Service, on to time that has
been nominated as compensatory rest, to convert that time to paid
time.
Infringement of Weekly Rest Periods
Where staff have had at least as many off duty days as there are
weeks in the accounting period, they will have had the appropriate
number of days of weekly rest.
Where staff have had fewer off duty days than there are weeks
in the accounting period, they will be owed compensatory rest.
Compensatory rest must be equivalent to the number of days that
staff should have had off under the working time regulation, but
were unable to take. For example, if in a 4 week accounting period
staff only have 3 off duty days of appropriate duration, they
would be entitled to 1 day of compensatory rest.
Compensatory rest must be provided as a full day of rest (24 hours
for a single day of rest, over and above the daily rest of 11
hours).
Any rest time over and above the requirements of the Working Time
Regulations may be nominated as compensatory rest providing each
day is of the appropriate duration. This may include:
Where staff have had less than an 11 hour rest period in each
24 hour period, they will be owed compensatory rest. Compensatory
rest must be equivalent to the number of hours by which the 11
hour rest period was infringed. For example, if staff only had
9 hours between duties, they would be entitled to 2 hours of compensatory
rest.
Any rest time over and above the requirements of the Working Time
Regulations may count as compensatory rest for infringements of
the 11 hour rest period. This may include:
Hours which have been nominated as compensatory rest for infringements
of the weekly rest periods cannot also be nominated as compensatory
rest for infringements of the daily rest provisions
When practical an infringement of the daily rest period should
be avoided by immediately adjusting the starting time of the next
turn of duty.
Broadcast Personnel
January 1999
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