Working Time Regs: BBC corporate guidance note

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Working time

Scheduling and the provision of compensatory rest
BBC 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:

All staff who work for longer than 6 hours must take a break of at least 20 minutes, the break should not be at the start or the end of a shift or working day.

Compensatory rest will be provided in the following circumstances when an infringement of the Working Time Regulations occurs i.e.

A worker has not had a rest period of at least 11 consecutive hours in each 24 hour period during which he/she has worked
A worker has not had a rest of either:
1. two uninterrupted rest periods each of not less than 24 hours in each 14 day period during which he/she works; or
2. one uninterrupted rest period of not less than 48 hours in each such 14 day period;
3. an uninterrupted rest period of not less than 24 hours in each 7 day period he/she works for his/her employer.

The length of the compensatory rest should be equivalent to the length of the infringement referred to above.

The time at which compensatory rest is to be taken will be subject to the needs of the Service but the manager will take into account the preference of the individual and the requirements of the business, requests to take compensatory rest will not be refused unreasonably.

When the infringement is a day i.e. an infringement of the weekly rest period, the compensatory rest should take the form of a day. Where an infringement is for half a day or longer the compensatory rest should be for the same period. When the infringement is a number of hours i.e. infringement of the daily rest period, there is no obligation on managers to aggregate hours of compensatory rest, but this may occur where operational considerations allow. (However, there is no intention to disaggregate hours of compensatory rest e.g. a 3 hour infringement broken down into 3 separate 1 hour periods of compensatory rest).

Time off in lieu or compensatory leave for staff on "hours" or "days" conditions can count as compensatory rest for working time that infringes the Regulations.

Local working arrangements

Local arrangements and procedures for organising working time will continue.
Local arrangements for compensatory rest will reflect individual conditions of service, working/scheduling arrangements and the nature of the environment within which staff work. Directorates will produce separate scheduling guidance where necessary.
Where rotas, schedules or indicative working patterns exist with breaks/days off between duty days or work activity, the breaks will provide for and offset any requirement for compensatory rest that might arise.
In areas where there is no underlying indicative schedule or rota and staff work irregularly and infringements to rest breaks occur, time off (days or hours) will be provided for as compensatory rest within the work pattern/schedule and will be managed in accordance with Directorate arrangements.
Compensatory rest should be provided within a reasonable time of the infringement taking place, normally this should be within two accounting periods from the date of notification that an infringement has occurred.

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

Individual Opt-out : Framework Principles

The opt-out only removes the limit on the 48 hour working week, it does not remove the obligation to observe other provisions of the Working Time Regulations such as the need for rest periods and the daily and weekly rest breaks. Where an individual has signed the opt-out, the employer must record that individual's actual working time and hold these records for a minimum of two years.

Wherever operationally possible, the BBC will expect its employees not to infringe the 48 hour averaging limit. There could be circumstances where it may be appropriate to ask some individuals to sign the individual opt-out. For example:

Some new starters for the first 17 weeks of their employment may be asked to sign where the averaging restrictions within the Regulations limits operational flexibility e.g. where a new starter is working alongside colleagues where there is a particular requirement to work more than 48 hours per week.
Similarly some people on fixed term contracts of less than 52 weeks duration may be asked to sign (e.g. to cope with known short periods of intense activity such as drama shoots).
There may also be peaks in workload and programme making activities where the opt-out may be required, which may arise towards the end of the reference period or, for example, from transfer situations. In situations of this kind staff would normally be asked to sign the opt out for a fixed period of time.

Under the Agreed Statement, each Directorate must maintain a mechanism by which staff can raise concerns about any work patterns they are being asked to undertake or feel are particularly onerous, with a senior manager. This mechanism should also be used in any situation where a member of staff feels that it is inappropriate for them to be asked to sign the individual opt-out. It is a requirement than no member of staff should suffer determinant or discrimination for refusing to sign the opt-out.

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Last updated 9 May 1999