If an individual is covered by the Broadcasting derogation and the employer claims that for the purpose of continuity they are unable to provide the above breaks, then they must give an equivalent period of time off as compensatory rest. However, the law does not provide for compensatory rest to be scheduled during time which would otherwise have been worked, which could mean the rest would be unpaid. The Joint Unions have insisted that if agreement was to be reached then the BBC would need to agree to compensatory rest being provided during working time. After lengthy negotiations the BBC have agreed the following circumstances under which compensatory rest will be given during working time:

• a) In the Broadcast, Production and News Directorates - if your daily rest (11 hour break in 24 hours), weekly rest (1 day off in seven or 2 days off in 14 days) or your 20 minute rest break is infringed and it cannot be scheduled as compensatory rest (unpaid) within two months, or it is scheduled and then cancelled, then it will be provided at a time when you would otherwise have been working (paid time). Management have agreed in all directorates to take into account your preferred time for taking compensatory rest and would not unreasonably refuse a request.

• b) In all other Directorates - the BBC have not requested any derogations.

• c) Travel Time - In all areas travel time in excess of home to base will be counted as working time.

• d) Opt-Outs - If the 52 week reference period is accepted as part of these proposals the BBC will only in specific circumstances invite staff to opt-out of the 48 hour week. Staff cannot opt-out of any other part of the Directive. The specific circumstances would be, for example:
  • New Employees
    During the first 17 weeks of their employment. Afterwards the opt-out would fall.

  • Change of Jobs
    Those who move jobs later in the year and it is envisaged that they may be required to work longer hours than 48 between then and the end of the year. The opt-outs would fall at the end of the year.

  • Fixed Term Contracts/Specific Projects e.g. Drama Productions
    If an individual agrees to work more than 48 hours per week for a brief, but intensive period then they would be required to sign an op-out. However the individual can insist on the contract being extended after the intensive period so that over the duration of the entire contract the total hours will still not average more than 48 hours. However, some staff may want to move on to a new job as soon as work finishes and thereafter the contract will not be extended and the opt-out will cease. Please note no one can be compelled to opt-out and if you do opt-out you can do so insisting upon certain conditions being observed e.g. do not work on Sundays.

Summary

We apologise for the length of the letter, however, these proposals are complex and we are confident that this is the best package that can be achieved by negotiation. If you vote to accept this offer, then it will be backdated to 1st October 1998.

If you reject this package we will be instructing all members to work strictly to the letter of the legislation and to challenge the BBC's view of the Broadcasting derogation. This will mean that you should always take 11 hour breaks between turns of duty, take one day off in seven and two days off in fourteen.

The BBC concessions on compensatory rest will not be given unless this agreement is accepted by the unions and the BBC will have to work with a reference period of no more than 26 weeks.

Each directorate has provided scheduling guidelines which coupled with the compensatory rest provisions should ensure that the quality of life for members improves considerably, so do not lose this opportunity, work to the scheduling guidelines for your area and take your time off.

Please VOTE NOW, Your opinion is valued. Ballot papers should be returned in the enclosed pre-paid envelopes to reach the ERBS not later than Monday 8th March.

Yours sincerely,

Gerry Morrissey, Assistant General Secretary, BECTU
John Fray, Deputy General Secretary NUJ
Luke Crawley, Supervisory Official, BECTU