BBC working time advice
Advice on the newly introduced Working Time Regulations for BECTU members in the BBC has been issued.
The advice, which is also being circulated to all BBC members through the post, is a follows:
On 1st October 1998 new legislation was introduced which gives workers a number of additional entitlements. We are having extensive discussions with the BBC in order to ensure that the best arrangements have been put in place for members. We have agreed that negotiations will continue, but a comprehensive agreement will be put to your for approval no later than early December. In the meantime members will not lose out as the BBC are obliged to monitor your hours from 1st October and, where appropriate, give you compensatory rest. We outline below the main parts of the legislation and those parts which apply specifically to broadcasting.
Working Week
No-one can be compelled to work more than an average of 48 hours per week over a 17 week period. The law allows employers and unions to average the 48 hours over a period longer than 17 weeks, but no greater than 52 weeks.
What is Working Time?
There is no relationship between working time and paid time. For the purposes of defining working time under this legislation such issues as meal breaks and on call duties do not count as working time, even when you are being paid.
Daily Rest
You are entitled to an 11 hour continuous break between the end of one day's work and the commencement of the next day's work.
Weekly Rest
You are entitled to at least one day's (24 hours + 11 hours daily rest) off in every 7, or two days in every 14 days.
Travelling Time
We have agreed with the BBC that no change to the current practice will be made for counting travelling time. Broadly, this means any travel in excess of your normal travel to work will be counted as travelling time.
Individual Opt-Outs
Individuals can opt-out of the 48 hour week, but cannot opt-out of the remainder of the legislation. We would advise members not to sign any opt-out letter without first consulting the union.
Compensatory Rest
If you agree to break your 11 hour daily rest or miss your weekly rest you are entitled to compensatory rest equivalent to that which has been lost. We are discussing with the BBC a mechanism for ensuring individuals get their compensatory rest at times when it suits them. This will be covered in our letter to you in December. In certain circumstances the employer is allowed by the legislation to require you to work through some of your entitlements (see Broadcaster Derogation below) subject to giving you the equivalent compensatory rest at a later date.
Meal Breaks
A minimum meal break of 20 minutes must be taken within every 6 hours worked and the break must be taken away from your work station.
Broadcaster Derogation
The legislation allows a number of industries, including broadcasting, the option to make their workers work through their meal breaks, daily rest and weekly rest for the purposes of continuity of service. The unions are attempting to agree with the BBC what staff this would apply to and we expect this to be one of the most difficult issues to deal with. If you are required to miss any of your entitlements then you are entitled to compensatory rest. Economic reasons are not acceptable; it has to be for broadcasting continuity. If you are faced with a problem on this issue contact the union for advice.
Annual Leave
All workers are entitled to three weeks' leave, increasing to four weeks' leave from November 1999 and this must be taken away from the BBC. The unions advise you to take your full holiday entitlement, not just your statutory entitlement.
Autonomous Decision Taker (ADT)
ADTs are totally exempt from the legislation as these workers are expected to be completely in control of their working time. If you are told that you are an ADT and you disagree or are unsure contact the union.
Recording of Time
The BBC have agreed that all workers have the right to have their hours recorded. If you are not already recording your hours and you wish to do so then tell your manager, and if you need help contact the union.
We hope this guideline is helpful, and if you have any queries please contact BECTU's BBC Division on (0171) 437 8506. We will be in touch again after the negotiations with the BBC have been completed.