BBC Working Time ballot

The Working Time Directive could finally be introduced in the BBC by March if new scheduling proposals are accepted in a ballot over the next few weeks.

At a meeting on 20 January representatives from the three BBC staff unions (BECTU, NUJ and AEEU) decided to ballot members across the Corporation on new proposals intended to implement the Working Time Directive.

Union members can expect to receive ballot forms within the next fortnight, but the ballot won't start until a few points of detail have been clarified with the BBC.

The original deadline of 1 January for the introduction of rules limiting the working week to an average of 48 hours, guaranteed breaks of 11 hours between turns of duty along with one day off per week, was waived by the unions to allow BBC management to bring forward new proposals following the impasse reached in discussions late last year.

The proposals include a new revised BBC Core Conditions of Service document, along with details of how each of the Corporation's Directorates intends to handle the specifics of scheduling.

The proposals are intended by BBC management to address the interpretation of the legal right to so-called compensatory rest - a key issue that was proving to be a problem during union discussions late last year. Compensatory rest is generated by being scheduled to work into an 11 hour break, working a six hour period without a 20 minute meal break, or if one day off a week is not given.

Significant progress was made during discussions last year on most other issues raised by the Working Time Directive, including many helpful amendments to the Core Conditions of Service document clarifying the definitions of working time, along with strict limits on the use by management of individual opt outs from the 48 hour rule.

However during these talks the unions made it clear that an acceptable formula on compensatory rest was essential if the BBC wished to average out the 48 hour week over a 52 week period.

The proposals outline how BBC Directorates propose to handle specific Directive issues:

• Central Directorates and World Service have said that they will be able to work within the limits laid down by the Directive.

• Production, News, and Broadcast Directorates have accepted that staff infringing breaks should be entitled to compensatory rest, taken as genuine time off duty.

• Resources Directorate propose discussions on the basis of replacing all existing 10 hour break infringement arrangements with a new agreement which would generate compensatory leave when 11 hour breaks are infringed. Agreements already in place in some areas to compensate for working longer than 12 hours are unaffected by this proposal.

Documents and letters tabled by the BBC provide full details of the proposals. However the unions are aware of a number of inconsistencies across the documentation as it currently stands, and it is intended these issues will be resolved with the BBC before the ballot commences.

BBC Working Time Directive documents and letters:

[N.B. Many of these documents have been superseded by the management's final proposals]

• Proposed revised Corporate Framework on Conditions of Service (Agreed Statement C1a3)
• BBC position on compensatory rest (letter dated 15.01.1999)
• BBC position on broadcast derogation and individual opt-out (letter dated 19.01.1999)
• BBC Broadcast Directorate position on Working Time Regulations (letter dated 15.01.1999)
• BBC Production Directorate position on Working Time Regulations (letter dated 13.01.1999)
• BBC News Directorate position on Working Time Regulations (letter dated 15.01.1999)
• BBC Resources Directorate position on Working Time Regulations (letter dated 18.01.1999)

(NB The Working Time Regulations are the UK implementation of the EU Working Time Directive)