You also asked us to clarify the position in Drama. I can confirm that Drama staff will be scheduled and work within the Production Scheduling Guidelines, although to work effectively Drama will need request groups of operational staff to opt out. A note of the steps which Drama are taking to comply effectively with the Regulations is attached.

If it is necessary for Production 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.

In addition without the 52 week reference period there is no doubt that we would have to ask more staff to opt out of the Regulations for periods of time. We are well aware that staff are not obliged to agree to such a request but we are most concerned about where this road would lead as there would be consequences for our ability to deliver programmes. We have said we are committed to examine the way our staff work but these shorter reference periods would cause problems for us all.

Having given you a set of scheduling guidelines which set out how we can work positively within an agreed 52 week reference period, we have considered how we would work within the shorter periods and these are attached to this letter.

I hope we can reach agreement on these important issues and can work with you to review progress and ensure both the success of Production and proper compliance with the Regulations

Yours sincerely

Sandra Horne
Personnel Controller, Production

BBC Production Drama

STEPS ALREADY TAKEN BY DRAMA TO COMPLY WITH THE WORKING TIME REGULATIONS

• Drama staff will work within the Production Scheduling Guidelines

• The introduction of a new risk management system called "The Production Framework"

• The development of a similar process to address programme development

• The practice in Serials of scheduling an 11 day fortnight and in Series a work pattern which does not normally exceed 12 days per fortnight

• The requirement for staff to gain prior agreement to work on a 7th day

• Workshops for Associate Producers to ensure they comply with the Regulations for rest breaks and rest periods

• The introduction of the practice of ensuring that those staff with a leave entitlement under the WTD have their contracts offered to reflect this entitlement

• Put in place a process to ensure that where in unscheduled circumstances rest periods are infringed equivalent compensatory rest is given

• The revision of the Health and Safety Form used as part of the greenlight procedure so that it incorporates reference to compliance with the WTD in the broadest sense

• The contracting of extra costume staff on Great Expectations to limit the hours worked by this department

• Time recording for opted out workers on project related fixed term contracts e.g. Pure Wickedness.

• Scheduling breaks on long running series such as Casualty

• Assisting staff manage their time better by e.g. training courses in time management

• Providing additional staff if appropriate when schedule come under pressure e.g. Asst Location Managers if say new locations have to be found due to change in scripts but the circumstances of the production do not always make this possible.

• Revising the job specs of Associates under Health and Safely to "ensure that the WTD regulations are managed appropriately on behalf of the BBC and that the necessary reporting is carried out.

• Work with the SMART team to examine ways of working

52 Week Reference Period

BBC PRODUCTION: SCHEDULING GUIDELINES

Introduction

This document should be read in conjunction with the Agreed Statement on working patterns and time off, which sets out the requirements of the Working Time Regulations 1998 and provides a framework and guidelines for good scheduling practice. A copy is available from Gateway.

The nature of production 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:

• less than a 11 hour break between turns of duty;

• more than 6 consecutive working days in 7, or 12 days in 14;

• more than 6 hours between meals or refreshments;

• frequent changes from day to night working

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.

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 scheduling 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.

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 Production this should only be required on a limited basis and the framework principles within the Agreed Statement must be observed.

Appendix

Compensatory Rest

The Working Time Regulations give workers the following entitlements to rest:

• a daily rest period of not less than 11 consecutive hours

• an uninterrupted rest period of not less than 24 hours in each 7 day period or 48 hours in each 14 day period

• minimum 20 minute rest break where the working day is longer than 6 hours.

• a minimum of 3 weeks paid annual leave (4 weeks from November 1999) which is accrued after 3 months

• be permitted to take 'an equivalent period of compensatory rest'; or

• in exceptional cases where providing equivalent compensatory rest is not possible be given other equivalent protection.

Scheduling Compensatory Rest

Compensatory rest should usually be provided within two months from when the 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 be scheduled to coincide with periods of downtime or scheduled time off. Where the time nominated as 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:

• Once time off (days or hours) has been nominated in the schedule as compensatory rest the time off will be safeguarded.

• Effort should be made to protect the safeguarded days! hours of compensatory rest. If it is necessary to work time assigned to compensatory rest, and alternative scheduled time has also to be worked, (or the alternative cannot be scheduled within two months from notification of the original infringement), it will be replaced by time which could have been scheduled working time.

• When assigning days I hours as compensatory rest and therefore safeguarded time off, the manager will take into account the wishes of the individual and the requirements of the business.

• Where the compensatory rest is a full day, the full day will be safeguarded

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 I 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:

• any period of downtime where there is insufficient work for staff to complete their required minimum hours in an accounting period. The days on which staff are stood down from duty may be nominated as compensatory rest.

• any period of scheduled time off at the end of an assignment or between assignments

• any days which staff have been given as time off in lieu either under their conditions of service or for any other reason.

• any off duty days in excess of the required minimum number of off duty days in an accounting period (for example, if an individual has 6 off duty days in a 4 week accounting period, 2 of these may be nominated as compensatory rest, providing each is of the appropriate duration)

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:

• any period of downtime where there is insufficient work for staff to complete their required minimum hours in an accounting period;

• any period of scheduled time off at the end of an assignment or between assignments;

• any time where staff have been given time off in lieu either under their conditions of service or for any other reason;

• where rest periods between duties are of greater than 11 hours duration, the hours in excess of the statutory 11 hour daily rest period may be nominated as compensatory rest.

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.

Production Personnel
Dec 1998

17/26 Week Reference Period

BBC PRODUCTION: SCHEDULING GUIDELINES

Introduction

This document should be read in conjunction with the Agreed Statement on working patterns and time off, which sets out the requirements of the Working Time Regulations 1998 and provides a framework and guidelines for good scheduling practice. A copy is available from Gateway.

The nature of production 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:

• less than a 11 hour break between turns of duty;

• more than 6 consecutive working days in 7, or 12 days in 14;

• more than 6 hours between meals or refreshments;

• frequent changes from day to night working

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.

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 scheduling 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.

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.

Appendix

Compensatory Rest

The Working Time Regulations give workers the following entitlements to rest:

• a daily rest period of not less than 11 consecutive hours

• an uninterrupted rest period of not less than 24 hours in each 7 day period or 48 hours in each 14 day period

• minimum 20 minute rest break where the working day is longer than 6 hours.

• a minimum of 3 weeks paid annual leave (4 weeks from November 1999) which is accrued after 3 months

• be permitted to take 'an equivalent period of compensatory rest'; or

• in exceptional cases where providing equivalent compensatory rest is not possible be given other equivalent protection.

Scheduling Compensatory Rest

Compensatory rest should usually be provided within two months from when the 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 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 I 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:

• any period of downtime where there is insufficient work for staff to complete their required minimum hours in an accounting period. The days on which staff are stood down from duty can count as compensatory rest.

• any period of scheduled time off at the end of an assignment or between assignments

• any days which staff have been given as time off in lieu either under their conditions of service or for any other reason.

• any off duty days in excess of the required minimum number of off duty days in an accounting period (for example, if an individual has 6 off duty days in a 4 week accounting period, 2 of these can be compensatory rest, providing each is of the appropriate duration)

Where staff have had less than an Il 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 II 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:

• any period of downtime where there is insufficient work for staff to complete their required minimum hours in an accounting period;

• any period of scheduled time off at the end of an assignment or between assignments;

• any time where staff have been given time off in lieu either under their conditions of service or for any other reason;

• where rest periods between duties are of greater than II hours duration, the hours in excess of the statutory II hour daily rest period may count as compensatory rest.

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.

Production Personnel
Dec 1998