BBC Expenses - union issues advice

Members balloting on new expenses rules have been advised of their contractual rights.

Letters have been sent to all BECTU members in the BBC outlining individual rights that can exercised after February 1, when the new expenses regime is due to be imposed without agreement.

Until February 22, when the union can call for legal industrial action among members affected by the change, staff cannot be instructed to breach their contracts.

However, union lawyers have identified several forms of non-cooperation that staff can engage in without causing contractual problems.

Read advice to members

Once the ballot closes on February 14, the union is likely to issue firmer instructions calling on members to resist a new expenses regime which will leave many of them out of pocket.

The new system is due to be imposed without agreement on February 1, after last-minute efforts by the BBC to improve the proposals. Despite concessions being tabled at a meeting with unions in early January, the BBC's final draft still posed cuts in entitlement for almost all staff who claim reimbursement of expenses.

Payments for meals, overnights, and travel are all adversely affected, and the union's advice on non-cooperation is intended to help individuals to minimise their financial loss.

Read summary of main changes

In normal circumstances the union would have completed an industrial action ballot well before the implementation date, enabling legal industrial action to commence as soon as management imposed the change.

However, the BBC's initial reluctance to discuss the new arrangements with unions, coupled with the eleventh-hour concessions, forced BECTU to start the ballot late.

The ballot involves all members in the BBC except those in Worldwide Limited and BBC Orchestras, who are not affected by the expenses changes.

Letter for members who are to be balloted for industrial action concerning expenses

26th January 2001

Dear Colleague,

BBC UK Expenses Pre-Ballot Advice

You will be aware that the BBC intends to impose a new policy for Expenses for all staff in the BBC and Resources Ltd. This policy will leave members out of pocket when they are doing work for the BBC and that is not acceptable.

BECTU will be balloting all of its affected members to take industrial action in opposition to the new policy.

However because of the way the BBC has dealt with these proposals it has been impossible to run a ballot to allow industrial action to begin on February 1st the date of imposition.

I will be writing with the ballot explaining the BBC's final position and why we are opposed to the policy. This letter is intended to give you advice about what to do before the ballot is concluded and the industrial action can begin.

The BBC began by refusing to discuss the matter with the joint unions. Because of the strength of feeling amongst our members we told them that we would ballot for industrial action immediately.

They then agreed to meet just before Christmas. After listening to our concerns they agreed to come back after Christmas with revised proposals.

The last meeting we had was on 11th January but following that they wished to confirm their final position in writing which they did eventually on Friday 19th.

BECTU is not allowed to instruct you to carry out certain courses of action because our lawyers advise that this could be seen as industrial action without a ballot which would be unlawful.

The ballot will run from 29th January and close on February 14th and we will be giving the BBC seven clear days notice of the start of industrial action on 22nd February.

In the meantime you should be aware that you are not required by your contract to do any of the following -

  • When away from base, to work through your meal break rather than take an hour break to have a meal;

  • If within 5 miles of base, to take a meal at the location rather than return to base to use the canteen facilities;

  • Book your own accommodation;

  • Use your own car instead of a taxi when on BBC business;

It is up to you to make a choice in each of these situations.

Once the ballot has been concluded I will be write to you again issuing instructions concerning the dispute and this will amount to a withdrawal of good will.

Further details about the dispute can be found on our website at www.bectu.org.uk

Yours sincerely

Luke Crawley
Supervisory Official
BBC Division

Summary of the most contested new expenses rules.

Overnights

  • No more scale rates - "Sched A" abolished
  • Capped actuality throughout BBC: £55 maximum for hotel - £61 if breakfast is included.
    Higher rates may be approved in Central London, or where accommodation is scarce, or if "business facilities" are required.
  • Incidental expenses of up to £5 will be reimbursed on presentation of receipts where obtainable.
  • Up to £20 a night claimable if manager authorises overnight stay with family or friends instead of hotel.
  • Travel home instead of hotel stay may be authorised. PT fare reimbursed in full, or 20.1p in own car, or cost of petrol if in hire car, or 8p-11.5p if in BBC car.
Meals
  • Away from base for 24 hours
    • Maximum claim £22 including breakfast on presentation of receipts.
    • If breakfast is included in hotel charge maximum is £16 on presentation of receipts.
    • If location catering lunch is provided, 24 hour maximum is £16, including breakfast.
    • If only meal paid by individual is evening meal, maximum is £10.

  • No overnight stay
    • One meal paid on provision of receipt up to maximum of £6 provided:
      • working more than 5 miles from any BBC base (unless management identify "overriding operational need" in which case the meal will be paid but also taxed).
      • working more than 5 hours
      • no location catering provided, and catering available at normal base.

    • Second meal payment on provision of receipt up to £10 can be authorised provided:
      • duty exceeds 12 hours
      • at least 5 miles from any BBC base (with scope for operational need waiver as above)
      • no location catering provided, and catering available at normal base.

Travel

  • Public transport
    Taxi, rail, coach, bus, ferry travel reimbursed against valid receipt. BBC accepts that receipts are not always obtainable.

  • Cars
    Car travel can be approved by manager if cost-effective. Mileage payments within Inland Revenue limits will be paid. Miles claimed will be "lesser of the distance from your home to your temporary destination, and your normal place of work to the temporary destination, unless you usually travel to work on an annual season ticket".

    Mileage payments either:

    • PT rate of 20.1p a mile unless PT is unavailable or there is "valid business reason" for taking car.
      OR:
    • When approved to use private vehicle:
      28p (<1000cc), 35p (1001-1500cc), 45p (>1500cc).
      (Lower rates apply if staff exceed 4000 miles per year)
      OR:
    • When using BBC car:
      8p (<1000cc), 9.5p (1001-1500cc), 11.5p (>1500cc).

  • Late Night Early Morning Transport
    Transport provided by BBC for journeys to and from work from 22.45 until 06.30. Free within 30 miles of base - manager "can require a contribution from you" outside this radius or outside the prescribed times. Tax liability met by BBC.

    Mileage costs can be authorised as an alternative to taxis only "in exceptional circumstances".

Home phone calls

  • No contribution towards rental of phone.
    Business calls refunded on presentation of itemised bill or log.

Cash advances

  • Banned - staff eligible to apply for corporate charge cards, but will be personally liable for debit balances.
Tool payments
  • Continue to be paid on scale from £32.03 pa to £135.56 pa.

26 January 2001
Amended 29 January 2001