Ruling due on BBC freelancers

BECTU has applied to a government agency for the right to represent freelancers at BBC Bristol.

The freelance members all work regularly for the BBC's Natural History Unit (NHU) on a range of wildlife and nature programmes, many of which are high-budget award winners.

A hearing was held by the Central Arbitration Committee (CAC) on April 22 under new labour legislation which guarantees unions the right to represent workers where they can prove more than 50% of a workplace is in membership.

Membership in the group of freelancers at the NHU is well above this threshold, but at the hearing the BBC argued that because they provided services, they were not "workers" and therefore not covered by the legislation.

The union is now expecting the CAC to rule on whether or not the legislation applies within the next week, the first time that the Committee has been asked to adjudicate on the question of whether this category of freelancer qualifies as a worker.

If the Committee rules in favour of the union there will be a full hearing to determine whether automatic recognition is justified. A CAC ruling in favour of BECTU could force the BBC to change its long-held policy of refusing to bargain with the union on freelance terms and conditions.

23 April 2003