New Terms & Conditions - Unite the union · The existing grading and pay structure is to be greatly...
Transcript of New Terms & Conditions - Unite the union · The existing grading and pay structure is to be greatly...
BBRML – New Terms & Conditions – 2 January 2000 Page 1
BALFOUR BEATTY RAIL MAINTENANCE LIMITED
NEW TERMS AND CONDITIONS
TABLE OF CONTENTS
1. SCOPE
2. INTRODUCTION
3. FLEXIBILITY
4. RATES OF PAY
5. PENSIONS
6. BANDING STRUCTURE
7. CAREER DEVELOPMENT AND TRAINING
8. HEALTH AND SAFETY
9. EXPENSES
10. RATE RETENTION
11. WORKING ARRANGEMENTS BAND 3 - ASSOCIATES
12. REDUNDANCY SELECTION
13. HOLIDAY ENTITLEMENT
14. SICKNESS BENEFITS SCHEME
15. NOTICE PERIODS
16. BONUS SCHEME
17. CONTRACT LABOUR
18. TRAVEL FACILITIES
APPENDICES
A ASSIMILATION OF EXISTING GRADES INTO PROPOSED BAND 3
B GUIDELINES FOR THE REIMBURSEMENT OF EXPENSES
C PERSONAL ALLOWANCES TO BE RETAINED ON ASSIMILATION - BAND 3
D LONDON & SOUTH EAST ALLOWANCES
E PAYMENT WHILST ATTENDING TRAINING COURSES
F APPRENTICES
G SPECIAL LEAVE ARRANGEMENTS
H ILL HEALTH SEVERANCE ARRANGEMENTS
BBRML – New Terms & Conditions – 2 January 2000 Page 2
BALFOUR BEATTY RAIL MAINTENANCE LIMITED
NEW TERMS AND CONDITIONS
1. SCOPE
The following conditions of service will be applicable to the under mentioned employees of
Balfour Beatty Rail Maintenance Limited with effect from 2 January 2000 :-
S & T 1 - 4 grades
Overhead Line grades
Permanent Way grades,
(inc. URFDO, Track Welders & Track Machinemen)
Workshop Supervisory grades A-D
Workshop staff
Other Conciliation staff
These Conditions of Service will supersede all existing National, Regional and Local Agreements
covering employees of Balfour Beatty Rail Maintenance Limited with effect from 2 January
2000:-
In the event that an issue of employment arises which is not covered by this agreement, then the
matter may be referred to the Pay and Benefits Forum for discussion.
The following staff are not covered by the proposals contained herein but will be the subject of an
early review with the appropriate Trade Unions :-
M/S grades
Supervisory Management grades 1 - 3
S & T 5/6 grades
Workshop Supervisor grade E
P & T grades
Clerical staff
2. INTRODUCTION
The current pay structures for maintenance staff are various and complex and one of the key goals
of the revised conditions of service is to streamline these. This means consolidating a large
number of allowances into basic pay and simplifying those that remain.
This agreement replaces a relatively low level of basic pay and a wide range of allowances with
improved basic pensionable salary and fewer allowances, to restore equity and balance to earnings
and provide a 37 hour working week. The revised conditions seek to build upon existing
conditions for specific groups and apply them to all appropriate maintenance employees.
Employees‟ earnings will be less vulnerable to changing overtime requirements.
BBRML – New Terms & Conditions – 2 January 2000 Page 3
3. FLEXIBILITY
This revision of conditions of service is intended to be mutually beneficial to employees and the
business. It has been designed to provide a significant improvement to the terms and conditions of
many maintenance employees and also bring both savings and efficiency improvements to the
business as a whole. It will give the whole company the opportunity to be more responsive to
competition and customer demands. This will protect the long term interests of everyone working
in the company.
All employees may be required to carry out any duties within their competence and in compliance
with Health and Safety requirements and will be expected to undertake relevant training for their
duties, in accordance with their Job Descriptions.
In order to improve flexibility, all employees are required to co-operate with changes to improve
productivity. Where necessary, employees could be expected to work at other locations as
business demands. Staff required to work at other locations will be paid travelling time out and
back to their “home” depot.
Future changes to working practices to be discussed, prior to implementation, in accordance with
the agreed Bargaining Procedures.
4. RATES OF PAY
Employees will receive the appropriate rate of pay shown in Appendix A. Those whose salary is
currently higher than the assimilated rate will retain their existing rate of pay on a personal basis
and will still qualify for annual pay awards.
S & T grades 1 - 4 will receive a minimum increase of 2% to their basic rate of pay.
5. PENSIONS
So far as members of the Balfour Beatty Section of the Railways Pension Scheme are concerned,
the new terms and conditions provide for current salary being pensionable for past and future
service and for salary increases arising from restructuring to be pensionable for future service only,
representing a significant improvement in benefits to employees.
Members of the BICC Scheme will be dealt with in the same way as members of the Railways
Pension Scheme.
6. BANDING STRUCTURE
The existing grading and pay structure is to be greatly simplified and a new three band structure
will be introduced.
Staff will be classed as Associates (Band 3), the other two bands will encompass Executive graded
staff (Band 1) and Management graded staff (Band 2).
Associates (Band 3) will consist of 8 spot rates. Assimilation to these spot rates are as detailed in
Appendix A.
BBRML – New Terms & Conditions – 2 January 2000 Page 4
7. CAREER DEVELOPMENT AND TRAINING
Major changes to careers and working practices need to be reinforced by proper training and
development and to this end Balfour Beatty Rail Maintenance Limited is committed to achieving
the principles of Investors in People accreditation in the next two years. A fundamental plank of
this strategy is to introduce regular performance appraisals for every employee which will
incorporate an assessment of training and development needs.
There will continue to be a strong emphasis within the company on staff training and development.
It remains the company‟s policy to promote from within the business and this is facilitated by all
vacancies being advertised on the Balfour Beatty Rail Maintenance Limited „open‟ vacancy list.
8. HEALTH AND SAFETY
It is the policy of Balfour Beatty Rail Maintenance Limited to develop a health and safety culture
throughout the organisation which is committed to the prevention of injuries and ill health of
Balfour Beatty Rail Maintenance Limited employees, sub-contractors and others who may be
affected by our work activities. The company recognises its legal responsibility for health and
safety standards. We will ensure that all employees are informed about health and safety and the
necessary arrangements. All employees will be provided with appropriate training so that they can
fulfil the health and safety responsibilities allocated to them. We will continuously monitor health
and safety performance to ensure that standards are being met and management controls are
working.
All employees are expected to give active support to achieving the objectives of the Health and
Safety Policy in their place of work and to conform with the procedures and practices operating at
any location. Balfour Beatty Rail Maintenance Limited employees will take all reasonable steps to
safeguard their own health and safety and that of others.
9. EXPENSES
Expenses will be paid on the basis of reimbursement of authorised costs wholly and necessarily
incurred in the performance of the Company‟s business and in accordance with Company policy,
which may be reviewed from time to time. The existing practice of paying scale expenses will
cease. Guidelines for the payment of expenses are shown at Appendix B.
10. RATE RETENTION
Those people allocated to a lower graded position following re-organisation will retain their basic
salary pending a suitable role arising at their substantive grade. A review will be carried out after
a period of 12 months and 6 monthly thereafter to determine an individual‟s qualification for
retention.
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11. WORKING ARRANGEMENTS - ASSOCIATES (BAND 3)
a) Grading Structure
Associates (Band 3) will consist of 8 grades, assimilation as per Appendix A.
b) Higher Grade Duty
Staff undertaking temporary duty in a higher grade for a full rostered turn will receive the
rate for the grade, or a minimum increase of 5%, whichever is the greater. Staff
undertaking higher grade duty for part of a turn will be paid higher grade pay for actual
time worked in the higher grade. Only suitably competent employees will be requested to
undertake the responsibilities of a higher graded role.
Staff undertaking temporary duty in a Management post will receive an increase of 7.5%,
or the minimum of Band 2, whichever is the greater.
Staff who cover a higher graded post for a period in excess of six months will be paid
higher grade duty for any periods of Annual Leave and sickness entitlement.
c) Allowances
All existing allowances are withdrawn with the exception of the following:
London and South East Allowances
Additional Cover Allowance
Shift Premiums (see section d)
Those staff, who on implementation were in receipt of the following allowances :-
Workshop Supervisors Differential
Skills Retention Payment (Workshop staff)
will be paid a non-enhanceable, non-pensionable allowance, as per Appendix C, until such
time as they vacate their current post.
S & T grades 1 - 4 will have the value of their Annual Leave Premium, as applicable at the
date of implementation of this agreement, consolidated into their new rate of pay.
In addition, those staff who on implementation were in receipt of the following
allowances:-
Chargehand Allowance
Craft Interchangeable Allowance
will retain such allowances on a personal basis until such time as they vacate their current
post. Whilst this allowance will be enhanceable, it will not apply for pension purposes.
The above allowances will not apply to new appointments.
BBRML – New Terms & Conditions – 2 January 2000 Page 6
d) Shift Premiums
Late/Night Shifts
Staff working any hours between 00:01 and 06:00 (Monday morning), will receive an
additional payment of 45%. of the basic hourly rate for each hour worked.
Staff working any hours between 1800 and 0600 (Monday evening to Friday morning),
will receive an additional payment of 25% of the basic hourly rate for each hour worked.
Staff working any hours between 1800 and 2359 (Friday evening), will receive an
additional payment of 45% of the basic hourly rate for each hour worked.
Saturdays
Staff working any hours between 0001 and 0600 and 1800 to 2359 on a Saturday will
receive an additional payment of 45% of the basic hourly rate for each hour worked.
Staff working any hours between 0600 and 1800 on a Saturday will receive an additional
payment of 15% of the basic hourly rate for each hour worked.
Sundays and Bank/Public Holidays
Hours worked between 0001 and 0600, 1800 and 2359 on Sundays and Bank/Public
Holidays will attract a 45% premium.
Staff working any hours between 0600 and 1800 on a Sunday and Bank/Public Holiday
will receive an additional payment of 25% of the basic hourly rate for each hour worked.
Hours worked between 0001 and 2359 on Christmas Day, Boxing Day and New Years
Day will attract a 300% premium. Volunteers will be sought to meet operational needs on
these days in preference to staff being rostered.
An additional day‟s leave will be accrued in respect of each Bank/Public Holiday worked
and must be taken within 12 months of it having been accrued.
e) Hours of Work
Those staff currently contracted to work 39 hours each week will immediately adopt a 37
hour week.
(i) Staff will be rostered to work 481 hours in a 13 week period (i.e. an average of 37
hours per week) where applicable.
(ii) Hours rostered for work may include any period during the 7 day week as
provided for in Section (g).
(iii) In addition to the average 37 rostered hours there may be a requirement when
operations are disrupted to work up to 2 hours at the end of a shift or turn, up to a
maximum of 8 hours per week when one of the following exceptional
circumstances arises:
a) Overrun of work planned for completion in rostered shift during
commissionings and work associated with possessions;
BBRML – New Terms & Conditions – 2 January 2000 Page 7
b) continued attention to current failures until relief arrives on site;
c) attention to failures occurring within 30 minutes prior to completion of
rostered turn where there is no provision for relief within the base roster,
for example :- for an agreed base roster of 2 turns e.g. 06.00-14.00, 14.00-
22.00 hours, the provision of this paragraph can only apply between 21.30-
22.00 hours;
d) failure of relief to attend for duty;
e) derailments and mishaps.
(iv) Any further additional hours required will be carried out on a voluntary basis and
will be in accordance with any guidelines that govern hours worked and will be
paid accordingly.
(v) The underlying principles of the Emergency and Special Duty Arrangements
continue to apply with payments allied to shift premiums detailed in section 11 (d).
Where travelling to site is not deemed practicable then it may be necessary for individuals
to lodge away in which case expenses will be paid to each individual to cover their
accommodation costs.
The EC‟s Working Time Directive, introduced during October 1998, currently excludes
transport workers but this exclusion may subsequently prove not to be applicable to
infrastructure workers. This agreement recognises that the Business Council will co-
operate fully in optimising the flexibility that exists within the regulations for the mutual
benefit of employees and the company.
f) Payment for Extra Hours Worked
All additional hours worked, including those associated with the five mandatory
circumstances referred to in section (e)(iii) will be paid at basic rate plus any appropriate
shift premiums detailed in Section (d).
g) Rostering Arrangements
(i) A week means a calendar week from 00.01 Sunday to 24.00 Saturday.
(ii) Rosters will be on the basis of a rostering period of 13 weeks and will be issued at
least 4 weeks before commencement of that roster.
(iii) Over the 13 week cycle the average weekly roster will equate to 37 hours per week
i.e. (481 hours). However, balanced and variable turns may be rostered in the
cycle ranging from a total week free from duty to a maximum in any week of 50
hours.
(iv) The maximum rostered turn length will be 12 hours; the minimum rostered turn
length will be six hours. Where two days are rostered off in the same week, these
will normally be rostered consecutively.
(v) Whilst no more than five turns will normally be rostered in any week, additional
turns may occur to meet business requirements, provided that no more than 13
turns are worked in a 14 day period.
BBRML – New Terms & Conditions – 2 January 2000 Page 8
(vi) The minimum rest interval between rostered turn will be 12 hours. In an
Emergency situation, as referred to in paragraph 11 (e) (v), this interval may be
reduced. Where staff are rostered free from duty there should be a minimum
interval of 32 hours between the rostered booking off and on times.
(vii) No more than 9 Sunday turns can be rostered in the thirteen week period. Four
weekends to be rostered free from duty. When rostered free from duty on these
weekends, this will preclude staff being rostered for the corresponding
Friday/Saturday turn.
(viii) Turns commencing in one week and finishing in another (i.e. Saturday/Sunday
turns) will count as a Saturday turn.
(ix) No more than 7 double weekend shifts will be rostered in any 13 week cycle. For
the purposes of this, a weekend shift will be defined as any shift starting between
18.00 hours on a Friday and 05.59 hours on a Monday.
(x) Any necessary relief cover can be provided by incorporating this within the
establishment or by rostering arrangements.
(xi) Staff working on a Bank Holiday will receive a credit of one day to their leave
entitlement.
(xii) A minimum of 48 hours notice will be given of an intention to alter a single
rostered turn of duty (except under exceptional circumstances e.g. snowstorm and
hot weather conditions). This does not permit the changing of base rosters without
discussion with those affected.
(xiii) Staff wishing to change a rostered turn, including the taking of leave, will be
expected to give a minimum of 48 hours notice (except under personal exceptional
circumstances).
(xiv) Mutual exchanges of shifts will be permissible but responsibility for arranging
such cover will remain that of the employee and will be subject to the local
manager‟s agreement.
(xv) The hours of cover to meet the contract requirements, will be determined by local
management. Rosters will be agreed with Local Representatives to meet the
business needs, whilst always taking into account staff‟s welfare requirements. In
the event of a disagreement, proposals will be referred to the appropriate level for
resolution, prior to implementation.
h) Meal Breaks
Meal breaks will be agreed locally to suit the needs of the business and will be taken as
near to the middle of the turn, as practicable. On night shifts, a 20 minute paid meal break
will be provided.
i) Additional Cover Arrangements
Definition of Levels - On Call Arrangements
BBRML – New Terms & Conditions – 2 January 2000 Page 9
(i) Contingency Arrangements
In situations where cover is required to maintain services and staff are required to
attend outside their normal rostered hours, a payment for each occasion on which
a member of staff is on contingency cover will be based on 1/7 of 25% of the basic
weekly rate of pay. An occasion is deemed to be any continuous period of time
not exceeding 24 hours. Hours worked will be paid at the basic rate plus
appropriate shift premiums and will be in addition to the rostered hours.
A minimum payment of two hours, plus shift premiums as appropriate, will apply
to a call requiring attendance.
Where the job specification includes this arrangement, this will be indicated in the
advertisement for the post.
Staff will not be continuously On Call. The frequency of contingency cover to be
determined at local level to meet business needs.
(ii) Contact Arrangements
In situations where staff may need to be contacted because of their specialist or
consultancy skills, they will be reimbursed telephone calls made on railways
business. If there is a need to attend for duty consequent upon such contact this
will be on a voluntary basis with any unrostered hours worked being paid
additionally at the base rate plus appropriate shift premiums.
Where the job specification includes this arrangement, this will be indicated in the
advertisement for the post.
j) Method of Payment
All staff will be paid on a 4 weekly basis by credit transfer to a bank or building society
(within the BACS system) of their choice.
To facilitate the transition from weekly to 4 weekly payment, staff will have until 31
March 2000 before they must transfer.
12. REDUNDANCY SELECTION
12.1. Introduction
It is the policy of the company by careful forward planning to ensure as far as possible security
of employment for its employees. However, it is recognised that there may be changes in
competitive conditions, organisational requirements and technological developments which may
affect staffing needs. It is the responsibility of the company to maintain and enhance the
efficiency and profitability of the company in order to safeguard the current and future
employment of the company‟s employees. In the event of a redundancy arising, every effort,
compatible with business needs, will be made to minimise the number of redundancies. Where a
reduction in the workforce is necessary the company will, with the involvement of the relevant
Business Council representatives, handle the redundancy in a fair, consistent and sympathetic
manner and minimise as far as reasonably practicable any hardship that may be suffered by the
employees concerned.
BBRML – New Terms & Conditions – 2 January 2000 Page 10
12.2. Consultation
12.2.1 If any employee is to be made redundant the company will consult at the earliest opportunity.
12.2.2 Consultation will begin at least the following number of days before the first redundancy
dismissal takes effect:
No of Employees Minimum
Potentially Redundant Consultation Period
20-99 (at any one location) 30 days
100 or more (at any one location) 90 days
The Personnel Manager(s) will advise Divisional Officers and relevant Business Council
representatives of the anticipated redundancy.
12.2.3 The following information will be given in writing at the commencement of the consultation
process.
* the reasons for the redundancy
* the work group(s) affected by the redundancy
* the numbers and descriptions of employees it is proposed to declare as redundant
* the total number of employees of any such description employed at the site in
question
* the method of selecting the employees who may be redundant
* the method of implementing the redundancies including the period over which the
redundancies may have to take place.
12.3. Voluntary Redundancy
12.3.1 If, having taken appropriate steps to avoid redundancies, the number of employees still exceeds
requirements, the company will call for volunteers for redundancy to come forward from the
work group affected.
12.3.2 In this case the company will:
* define those categories of employees from whom it is prepared to accept
application for voluntary redundancy
* state the closing date for application which would normally be within 5 days of the
notice requesting applicants.
12.3.3 The company may refuse to accept volunteers in order to maintain a balanced labour force as
deemed necessary to meet the needs of the business. The company may also transfer employees
into suitable vacancies created by voluntary redundancy. Where relevant, the company will
freeze vacancies in order to accommodate displaced employees.
12.3.4 If there are more volunteers than required, employees will be offered redundancy having been
selected in accordance with operational and job requirements to meet the company‟s current and
future needs.
12.3.5 Redundancy will be based on the work group and volunteers will first be sought from the group
in which a redundancy has been declared. If insufficient suitable volunteers are available in the
work group then substitute volunteers will be considered from other areas or groups subject to
paragraph 12.3.3.
BBRML – New Terms & Conditions – 2 January 2000 Page 11
12.3.6 Leaving dates for volunteers will be determined by the business needs of the company.
Volunteers will be advised in writing that they have been accepted for redundancy and of their
leaving date. It is accepted that individuals may seek an earlier release date than that identified
by the company. If it can be mutually agreed release may occur at the earlier date.
12.3.7 If the refusal of a volunteer would create an involuntary redundancy the company will give the
reasons for its decision.
12.4. Method for selecting Displaced employees
12.4.1 Where a site has a surplus of staff and there are insufficient acceptable volunteers at the relevant
location, staff will be declared displaced, subject to the provisions below.
12.4.2 The company, with the involvement of the relevant Business Council representatives, will
operate a fair, consistent, objective and non-discriminatory selection procedure.
12.4.3 Employees will be selected for displacement in accordance with a persons competence to
undertake the duties of the post, particularly in respect of Railway Safety Critical Work
Regulations. Reasonable training will be afforded to any employee to equip him/her with the
relevant competencies to avoid displacement in accordance with the provisions of the existing
PT&R arrangements. Where equality of competence exists, length of continuous service will be
the initial determining factor. In situations where a selection is disputed, an appeal procedure
exists, (see para. 12.6).
12.4.4 Any employee potentially at risk of redundancy will be advised in writing and will be consulted
by his/her supervisor about his/her selection. An employee may be accompanied by his/her staff
representative or full time Trade Union Officer at his/her consultation interview following which
formal written notice will be issued, if appropriate.
12.5. Alternative Employment
12.5.1 In an effort to avoid the effects of Redundancy, the company will research within the Balfour
Beatty group suitable alternative opportunities for those declared displaced.
12.5.2 Where an employee who would otherwise be made redundant is offered alternative employment,
the offer will be made in writing and will specify a trial period of at least four weeks and any
changes in the terms and conditions which apply to the job. An employee‟s acceptance of such
an offer must be in writing.
12.5.3 If the company or the employee decides after a trial period, of 4 weeks that the job is unsuitable
for the employee, he/she will be eligible for redundancy payments in accordance with paragraph
12.10 below. In these circumstances an employee will be entitled to notice of termination of
employment as outlined in Section 15.
12.5.4 An employee who unreasonably refuses an offer of suitable alternative employment or who
without good reason resigns during a trial period will not be entitled to redundancy payments.
12.6. Appeals
12.6.1 Any employee who feels he/she has been unfairly selected for redundancy may appeal against
this decision. An employee may be accompanied by his/her trade union representative at his/her
appeal.
12.6.2 Where following an appeal the original decision is upheld, the matter may be referred to the
relevant Business Council Sub-Committee who will, within 7 days, meet to discuss the appeal.
BBRML – New Terms & Conditions – 2 January 2000 Page 12
12.7. Time Off for Job Seeking
Employees who are under notice of redundancy are entitled to reasonable paid time off for job
seeking or arranging training. Such time off will be paid at the employee‟s normal rate of pay
including, where appropriate, shift premiums.
12.8. Counselling
The company will provide a counselling service for redundant employees.
12.9. Notice of Dismissal due to Redundancy
Staff dismissed due to redundancy will be entitled to personal notice in accordance with the
standard notice arrangements detailed in Section 15. Staff will normally be required to work
their notice periods.
12.10. Redundancy Payments
(a) A payment equal to 2 week‟s basic pay for each completed year of continuous service up
to a maximum of 25 years; plus
(b) A supplementary payment equal to one week‟s basic pay for each completed year of
continuous service after age 40 years.
(Those staff in service prior to implementation of the 2000 agreement will have their
Redundancy Payments calculated on the greater of the former Redundancy payments based on
the rate of pay applicable at the time).
13. HOLIDAY ENTITLEMENT
All employees covered by this agreement will be entitled to 25 days annual leave.
Employees will be expected to take 20 days as complete weeks leave, i.e. over the 7 day week.
1 week will be agreed and rostered in Spring, i.e. - up to week 13
2 weeks will be agreed and rostered in Summer, i.e. - between week 14 - 38
1 week will be agreed and rostered in Winter, i.e. - week 39 - 52
(Variations from the above will be permissible by local agreement).
Remaining Annual Leave will be arranged by agreement and be taken during the course of the
respective leave year.
Such leave may be taken between 1 January and end of the following December. Entitlement for
a part year‟s service is two days for each complete calendar month of service. For each day of
holiday, employees will receive normal basic rate.
Holiday may only be taken on dates agreed by the local manager.
Employees who leave the Company and at this date have accrued days of holiday which they
have not taken they will be paid 1/260th of their annual salary in lieu of each day. If, however,
they have taken more holiday than their accrued entitlement, the Company may adjust any final
payment made by 1/260th of their annual basic salary for each day outstanding.
BBRML – New Terms & Conditions – 2 January 2000 Page 13
Employees are also entitled to the standard eight public holidays each year for which they will
be paid their normal basic rate.
When a member of staffs‟ free day falls on a Bank and Public Holiday and where they are not
required to work, they shall be granted an additional days‟ leave.
(Those staff in service prior to implementation of the 2000 agreement whose total leave
entitlement is currently greater than that shown above, will retain their existing entitlement on a
personal basis).
14. SICKNESS BENEFITS SCHEME
14.1. Eligibility for Company Sick Pay
Employees will be paid sickness benefits provided that they have been employed for a
continuous period of 6 months or more.
14.2. Period of Payment of Sick Pay
For absence owing to illness or accidents, payment will be made as follows:
Table 1
Maximum period of benefits
Period of Service Normal Benefit
6 months but less than 1 year 9 weeks
1 year but less than 5 years 24 weeks
5 years and over 39 weeks
These payments include SSP
There will be no contractual entitlement to reduced benefit.
14.3. Calculation of Sick Pay Benefit
(a) The sick pay year will be 1 January to 31 December and the maximum period of
entitlement within any calendar year is shown in Table 1 above, according to
eligibility. Provided that continuous periods of absence will be treated as if the whole had
occurred in the year in which the absence commenced.
(b) Entitlements to sick pay applicable at the commencement of an absence shall continue
throughout the absence and an employee who during a period of absence exhausts his/her
sick pay entitlement under this scheme cannot re-qualify for further sick pay during that
absence. On return to work a further 1 month‟s service must be completed before there is
any entitlement to sick pay.
14.4. Medical Certificates and Sick Pay Status Certificates
In all cases where an employee is unable to attend work because of their own sickness or injury
they must arrange for their Supervisor to be advised at the earliest opportunity, but by no later
than 10.00 am of the first day of absence.
BBRML – New Terms & Conditions – 2 January 2000 Page 14
They should also advise the likely length of absence. Staff are required to complete a SELF
CERTIFICATION statement form and produce a medical certificate for sickness periods in
excess of 7 days. The reason for any absence may be subject to enquiries and false information
will result in disciplinary action.
14.5. Exclusion from Sickness Payments
Sickness payments may be withheld where incorrect information has been given, documents
have been falsified or misleading statements made regarding the absence, or when an employee
has exhausted their benefits.
14.6. Long Term Absence
Where employees who, because of a medical condition, serious illness or injury, are likely to be
absent from work for a prolonged period or may never return, a full investigation will be
undertaken to determine the employees suitability for future work, and suitable options for the
employee. Where it is a case that the employee is likely to remain unfit and unable to return or
could not maintain a satisfactory level of attendance then the Company will consider invoking
the ill health severance arrangements. It may, at the discretion of the pensions committee, be the
case that the employee can qualify for ill health retirement.
14.7. Returning to Work Following Sickness Absence
In all cases, 24 hours notice is required of intention to return to work. A medical certificate must
be provided by the employee stating that they are fit to resume work, where this is appropriate.
14.8. Medical Examinations
The Company reserves the right in all cases to have employees medically examined by a
Company appointed doctor.
14.9. Employees Deemed to be Permanently Unfit for Work
Employees who are assessed and certified by the Company Doctor to be permanently unfit for
work in their current position may have their contract terminated in accordance with ill health
severance arrangements. (See Appendix H.)
14.10. Returning to Work in a Different Position
Employees who return to work in a lower level position which carries a lower rate, will retain
their substantive rate for eight weeks and then revert to the rate of the position occupied.
14.11 Employees Certified as Fit for Restricted Duties
Every possible endeavour will be made to accommodate staff certified as fit for restricted duties
by the company Medical Officer in suitable alternative work. However, those staff who have ten
or more years service and for whom no suitable alternative work can be found will be regarded
as remaining in the employ of Balfour Beatty Rail Maintenance and will continue to be paid at
the basic rate of pay of their substantive grade for a maximum period of two years. At the end of
that period if it has still not been possible to suitably accommodate such staff, they will be dealt
with under the provisions of the Ill Health Severance Arrangements.
Whilst staff with less than ten years service will also be dealt with in this way, they will not
receive any payment, for the period they are unable to perform normal/restricted duties.
BBRML – New Terms & Conditions – 2 January 2000 Page 15
15. NOTICE PERIODS
The following notice periods will apply to all employees unless specifically amended in an
individual contract of employment.
Service Notice
Less than 1 month no notice
Less than 2 years 1 week
2 but less than 12 years 1 week for each complete year of service
12 plus years 12 weeks
(Those staff in service prior to implementation of the 2000 agreement will receive either the
above Notice Period, or their former Notice Period, whichever is the greater).
16. BONUS SCHEME
Balfour Beatty Rail Maintenance Limited recognises the importance of Train Performance and
Track Quality to the ongoing viability of the Company and to the protection of jobs.
Balfour Beatty Rail Maintenance Limited are willing to re-establish a working party that can
recommend proposals to improve these mission critical aspects of performance and mutually
benefit the employees and the Company.
17. CONTRACT LABOUR
Balfour Beatty Rail Maintenance Limited wishes to be seen by its employees as valuing their
contribution towards the success of the business.
Regional Directors will consult annually on the projected and budgeted contract labour
requirements as dictated by anticipated peaks in workload and specialist skills.
Where a need for additional contract labour is identified, consultation will be carried out to enable
management to present their proposals and afford the employee representatives an opportunity to
propose a reasonable alternative that might keep the work in-house.
Where issues cannot be satisfactorily resolved at local level, then the matter may be referred for
resolution between the Regional Director and the Chairman and Secretary of the Business
Council.
18. TRAVEL FACILITIES
It should be clearly understood that these proposals in no way alter, or discontinue employees
entitlements to travel facilities which remain safeguarded by the Railways Privatisation Act
(1993).
BBRML – New Terms & Conditions – 2 January 2000 Page 16
APPENDIX A
NEW TERMS AND CONDITIONS
Assimilation of Grades into Band 3 - Associates
Band
Restructured Salary (Inc.
3.1% 1999 Pay Award)
S&T
OHL
P.Way
Welders
URFDO’s
Workshop
Sups.
Workshop Staff
A.1 18,744 S&T 4 Workshop Supervisor D
A.2 17,182 Workshop Supervisor C
A.3 15,255 S&T 3 Senior Lineman
Track Chargeman
2 & 1
Track Welder 2 & 1
URFDO 2 & 1
Workshop Supervisor A/B
Shopman Cat. 4
A.4 13,537 Track Chargeman
Basic
Track Welder Basic
URFDO Basic
A.5 13,120 S&T 2 Lineman 2 Leading Trackman
2 & 1
Shopman Cat. 3
A.6 11,976 Leading Trackman
Basic
Shopman Cat. 2
A.7 11,558 S&T 1 Lineman 1 Trackman 1 & Basic
A.8 10,269 Trainee Technician
Trainee Lineman
Probationary Trackman
Shopman Cat.1
BBRML – New Terms & Conditions – 2 January 2000 Page 17
APPENDIX B
GUIDELINES FOR THE REIMBURSEMENT OF EXPENSES
The following guidelines will apply so far as reimbursement of expenses are concerned :-
1. There will be no scale expenses in respect of meals, travelling and lodging.
2. Reasonable expenses authorised and properly incurred in the conduct of Company
business will be reimbursed subject to relevant support by receipts or other documentation.
3. Any activity involving overnight accommodation must be approved in advance by the appropriate
supervisor Manager/Executive in the department or organisation concerned.
4. Expenses which are reasonably incurred associated with transfer following promotion, redundancy
etc. will be reimbursed subject to initial approval by the Manager/Executive vested with the
delegated authority in the department or organisation concerned.
5. Mileage Allowance will be paid to staff specially authorised to use their private cars on company
business or if it is a requirement of the employee‟s job, (the rate payable will be that which is laid
down in AA guidelines).
6. Costs associated with movement of home are covered by separate arrangements and will be
reimbursed in accordance with the laid down criteria.
7. All claims will be subject to regular audit and falsifying expenses will be the subject of
disciplinary action, which could result in dismissal.
The underlying criteria in determining if any claim for expenses is justified,
or not, will be whether the individual concerned is genuinely out of pocket as
a result of the activity undertaken on behalf of BBRML.
BBRML – New Terms & Conditions – 2 January 2000 Page 18
APPENDIX C
NEW TERMS & CONDITIONS WITHIN BAND 3
PERSONAL ALLOWANCES TO BE RETAINED ON ASSIMILATION - BAND 3
GRADE
RATE/ALLOWANCE
ENHANCEABLE
PENSIONABLE
W/S D
£500
W/S C
£1,500
W/S B
£1,500
W/S A
£500
RS 4 Craft
Interchangeable
At own personal rate
RS 4
Charge Hand
At own personal rate
Such allowances will be paid to those staff who qualify and are within the grade shown at the date of
implementation and will be retained on a personal basis whilst employed within the grade concerned.
BBRML – New Terms & Conditions – 2 January 2000 Page 19
APPENDIX D
LONDON AND SOUTH EAST ALLOWANCE
An Inner London Allowance is payable to staff within a radius of 16 miles from Charing Cross. A lower
level of Outer London allowance paid to staff beyond the 16 miles radius up to a maximum of 40 miles
from Charing Cross.
A South East Allowance is payable to staff employed at locations more than 40 miles radius from Charing
Cross up to and including defined points on each route (see below).
The Allowance is pensionable but will not be taken into account for overtime, or any other allowances.
The levels of London Allowance are as follows:
(a) Inner London Allowance of £1,415 pa to apply to all staff employed at locations within 16 miles of
Charing Cross.
(b) Outer London Allowance of £634 pa to apply to all staff employed at locations more than 16 miles
and up to 40 miles radius of Charing Cross.
The South East Allowance of £301 pa will apply to all staff employed at locations more than 40 miles
radius from Charing Cross up to and including defined points on each route.
BOUNDARY POINTS FOR SOUTH EAST ALLOWANCE
Former BR Last point on routes from London
Region
Anglia Cambridge
Manningtree (incl. Harwich Branch)
Clacton
Walton
Eastern Huntingdon
London Midland Bedford
Northampton
Southern All points outside 40 miles radius of Charing Cross
Western Oxford
Newbury
Didcot
Staff transferred outside the London area as a result of reorganisation shall retain London Allowance at the
rate paid immediately prior to the transfer on a personal basis for the first promotion after transfer.
BBRML – New Terms & Conditions – 2 January 2000 Page 20
APPENDIX E
PAYMENT WHILST ATTENDING TRAINING COURSES
The following arrangements will apply to staff who are required to attend educational, instructional or
training courses by the Company for the purpose of acquiring knowledge of new techniques in connection
with their work, or to fit them for promotion.
PAYMENT
Staff attending training courses will receive payment on the basis of the greater of i) or ii) below :
(i) Earnings as if they had been at work during the period concerned, i.e. rostered hours,
or
(ii) Time spent working on the course, plus payment for time spent travelling to and from the
venue.
FREE DAY ARRANGEMENTS
Staff whose free day falls on, or within, the training period will be expected to work such free days as
necessary and may have their free day moved to another day. A minimum of 7 days notice will be given of
such a change. If less than 7 days, such change will be only be made by agreement.
EXPENSES
Expenditure reasonably and necessarily incurred whilst undertaking training will be reimbursed, subject to
guidelines as may be issued by the Company from time to time.
BBRML – New Terms & Conditions – 2 January 2000 Page 21
APPENDIX F
APPRENTICES
Apprentices will be paid the following percentages of the spot rate applicable to Grade 3 (currently
£15,255).
Apprentice 1st year 45%
Apprentice 2nd year 55%
Apprentice 3rd year 70%
Apprentice 4th year 85%
Passed as skilled full spot rate applicable to Grade 3.
BBRML – New Terms & Conditions – 2 January 2000 Page 22
APPENDIX G
SPECIAL LEAVE ARRANGEMENTS
1. The Company will give time off for public duties (unpaid) in accordance with statutory
requirements.
2. The Company will also give special leave as follows:
- TA Camp - paid leave for up to 2 weeks per annum.
- Household Removals - 1 day paid.
- Funerals of near relations - 1-5 days paid as agreed by local manager.
- Attendance at Hospital or Dentist - Time absent paid provided it is kept to a minimum.
- Jury Service - paid for duration.
- Paternity - 1 day paid.
- Maternity - in accordance with statutory requirements.
- Marriage - 1 day paid.
- Exceptional Domestic Circumstances - at the local manager‟s discretion.
- Long Service Award Presentation - 1 day paid
An additional days leave will also be granted if First Aid qualification has been achieved in
individual‟s own time.
3. LEAVE OF ABSENCE STAFF UNDERTAKING CIVIC OR PUBLIC DUTIES
Staff holding the office of Lord Mayor, Lord Provost, Mayor, Sheriff or Provost, Chairman of
County Councils and District Councils in England and Wales may also be given leave of absence
as necessary to enable them to fulfil their civic duties. During such absences, staff concerned will
be paid their standard pay, less the amount payable to them in respect of the performance by them
of approved duties under Part VIII of the Local Government Act, 1972.
BBRML – New Terms & Conditions – 2 January 2000 Page 23
APPENDIX H
ILL HEALTH SEVERANCE ARRANGEMENTS
Staff who leave the service under the Ill Health Arrangements will be dealt with as follows :-
(i) Lump Sum Payment
One week‟s standard rate of pay for each year of service not concurrent with membership of the
Balfour Beatty Section of the Railways Pension Fund, or the BICC Pension Fund, whichever is
appropriate.
Such payments will be rounded to the nearest £1.
(ii) Continuing Weekly Payments
Supplementary payments sufficient to build-up annuity payments (if any) and National Insurance
Benefit as appropriate, to one week‟s standard rate of pay.
The payments will continue, during unemployment following discharge from the service, for a
period of two weeks for each five years‟ Railway Service including any junior service, up to and
including 50 years of age. Service over age 50 will qualify for payments over an additional period
in accordance with the following scale :-
Years‟ Service Additional Weeks‟
After Age 50 Continuing Payment
Up to 1 2
2 4
3 6
4 10
5 14
6 20
7 26
8 32
9 36
10 38
10 and over 40
The period during which continuing payments are made will not exceed 52 weeks in all.
In the case of members of a Company Pension Fund, the annuity payments for the purpose of
continuing weekly payments are to be regarded as 75% of the total annuity, including any pension
lump sum.
(iii) The total payments, i.e. lump sum and continuing weekly payments combined,
will not exceed a payment related to the weekly rate calculated by analogy with
the Redundancy Payments Act, 1965, or the employee‟s standard weekly rate,
whichever is the greater, multiplied by the remaining weeks up to age 65 (60 in
the case of women).
BBRML – New Terms & Conditions – 2 January 2000 Page 24
NEW TERMS AND CONDITIONS
GUIDANCE NOTES & INTERPRETATIONS
1. SCOPE Q. There are number of agreements which have been
created to meet local situations and needs. Will
they all be discontinued with the new T‟s and C‟s?
A. All existing National, Regional and Local
Agreements will be superseded upon
implementation. Following consideration, any
local arrangements which may be considered
essential for the needs of the business, must be re-
negotiated.
Q. What is the situation regarding the minimum 4
man teams specified for the 1981 Overhead Line
Agreement?
A. This matter is not fully resolved and will be
discussed at a later date. In the meantime, it has
been accepted that the minimum number of staff
rostered on a shift should be 3 overhead line staff
plus a Supervisor.
3. FLEXIBILITY Q. Will the new T‟s and C‟s and increased flexibility
in rostering mean a loss of jobs? A. It is anticipated that jobs will become more
secure. Rostering against the workload will
identify resources needed and enable the
Company to compete and not only retain existing
work but hopefully secure more.
The opportunity will be taken to review working
practices and in some circumstances teams will be
established which will contain staff from different
functions/disciplines, (e.g. S & T/P.Way/OHL).
Staff will, however, not be expected to undertake
work for which they are not competent.
Q. How often and under what circumstances would
employees be expected to work at other locations
„as the business demands‟ ?
A. Generally speaking, staff will work at the same
locations as they do today, but on odd occasions
they may be asked to work at other locations.
When working at other locations employees will
receive payment for time spent travelling to/from
the work site. This would not normally incur a
requirement to lodge overnight. Where this is
BBRML – New Terms & Conditions – 2 January 2000 Page 25
necessary, volunteers will be sought.
7. CAREER
DEVELOPMENT
AND TRAINING
Q. Will employees be trained to fill “time served”
tradesman posts? A. A detailed review of training and development
requirements needs to be undertaken, particularly
for “skilled” staff. Employees will never be
required to carry out work for which they are not
fully competent.
Q. What are the incentives for staff to undertake
additional training or obtain new skills? A. Payment will be made to those employees who are
required to attend courses in connection with their
work and also equip them for future promotion.
Such payment arrangements are detailed in
Appendix E of the agreement. It is essential for
the business to ensure staff are suitably skilled
and/or qualified, however, no incentive payments
will be made. Introduction of regular performance
appraisals will identify the training needs and
aspirations for career development.
8. HEALTH AND
SAFETY
Q. There is concern for staff safety if more work is to
be undertaken during night time and within other
possession opportunities.
A. Safety will always be the very highest priority for
the company and will not be compromised upon
implementation of the new agreement.
9. EXPENSES Q. What items of personal expenses will be paid in
future? A. Guidelines are set out in Appendix B of the
agreement but, if a member of staff is genuinely
out of pocket as a direct result of any activity
undertaken on behalf of the company, a claim for
payment may be made.
BBRML – New Terms & Conditions – 2 January 2000 Page 26
9. EXPENSES
Continued
Q. Are the local managers required to pre-authorise
expenses? A. Yes. In most cases it should be possible for any
likely expense to be authorised in advance.
The existing practice in respect of payment of
„scale‟ expenses and allowances will cease upon
implementation of the new agreement.
Q. Are employees expected to pay for hotel expenses
and travel expenses in advance, when the
requirement to attend a meeting/course or work
away is planned by the company in advance ?
A. In such instances it will be normal for travel
warrants to be issued and hotel accommodation to
be booked in advance and paid for by the
company.
Q. Current agreements allow for overnight expenses
to be paid on each occasion an individual is
required to lodge. What will apply in the future ?
A. Reasonable expenses, authorised in advance, will
be paid and will normally include items such as a
telephone call home and meals taken.
Q. Currently when attending a training course away
from their home station, individuals sometimes
receive additional meal allowances owing to the
time away. What will be considered a reasonable
expense in the future ?
A. If staff are required to attend a course away from
their home depot they will be paid as if they had
been at work on that day, i.e. their rostered turn.
Reimbursement of reasonable expenses,
authorised in advance, will also be paid, e.g.
meals taken where not provided at the course.
11. WORKING
ARRANGEMENTS
11. a) GRADING
STRUCTURE
(Salaries)
Q. How will S&T (1-4) staff be affected so far as
their salary is concerned ? A. Such S&T staff will receive a minimum increase
of 2% plus the value of their Annual Leave
Premium consolidated. If this new rate of pay is
above the new spot rate, they will retain this on a
personal basis. This new rate of pay will be
subject to annual review.
BBRML – New Terms & Conditions – 2 January 2000 Page 27
11. b) HIGHER GRADE
DUTY
Q. Staff within the S&T grades, currently receive a
minimum increase of 7.5% when undertaking
higher grade pay. You are proposing that they
will receive the rate for the grade, or a minimum
increase of 5%, whichever is the greater. In some
cases, this will be a reduction from current
arrangements.
A. Under the new agreement, employees within the
Associates grade will receive higher grade pay at
the rate applicable for the post covered (e.g. the
„spot‟ rate). S&T staff for whom the spot rate
does not necessarily represent a significant
improvement will, however, receive an increase of
5%, or the spot rate of the post, whichever is the
greater. When associates cover a management
post on a temporary basis, they will qualify for at
least a 7.5% increase.
Q. Are higher grade duty payments to be paid at the
rate for the grade for the full turn? A. Payment will only be made for the actual time
worked in the higher grade and which has been
pre-authorised.
Q. What constitutes a break in the six months period
to qualify for higher grade duty payment for
annual leave and sickness?
A. The taking of annual/compensatory leave will not
affect qualification for higher grade duty
payments, but sickness absence would constitute
a break for the purposes of continuity. Such cases
will, however, be considered on their merits.
The object will, however, be to fill vacant
positions on a permanent basis as soon as possible
and obviate the need for lengthy periods of higher
grade pay.
11. c) ALLOWANCES
(Annual Leave
Premium - S & T
staff)
Q. How will S&T ALP be dealt with in the future? A. The current value of ALP payable immediately
prior to implementation of this agreement will be
consolidated into the new ROP of all S&T 1-4‟s.
This element will be enhanceable and pensionable
for future service only.
BBRML – New Terms & Conditions – 2 January 2000 Page 28
11. d) SHIFT
PREMIUMS
Q. What is shift premium to be paid for hours worked
on Christmas Day, Boxing Day and New Year‟s
Day?
A. Although the spirit and intention of the agreement
was that treble time should be paid, it has been
accepted that the wording of the document could
be misleading and in the circumstances the
premium rate of 300% will be paid plus time for
actual hours worked.
Q. Is it only shifts that start within the period or does
any work undertaken on Christmas Day, Boxing
Day and New Year‟s Day attract the special
premium?
A. It is only actual hours worked between 00.01 and
23.59 on the relevant day, or days that qualify for
premium payment.
It is the time of commencement of shifts that
determines qualification for a lieu day.
Q. What happens if there are insufficient volunteers
for Christmas Day, Boxing Day and New Year‟s
Day?
A. Management will seek volunteers in preference to
rostering staff but, if it is deemed necessary or
desirable, work will be rostered on these days.
Q. Are Bank Holidays enhanced or is it just a day in
lieu? A. Premium payments will be made for time worked
on a Bank Holiday, plus employees will receive
an additional day‟s leave.
11. e) HOURS OF
WORK
Q. Staff prefer to avoid erratic levels of payment
which may arise if there are wide variations in
hours from one week to another. What will they
get paid under the new T‟s & C‟s?
A. Staff will always receive a minimum payment
based on 37 hours per week, plus any premium
payments, as may be appropriate.
Q. Staff have an expectation of, roughly, 8 hours
overtime per week? A. Overtime is not guaranteed and will only be
worked where there is a specific business need to
do so.
BBRML – New Terms & Conditions – 2 January 2000 Page 29
11. e) HOURS OF
WORK
(Continued)
Q. Rest day working – what happens if staff who have
agreed to work do not attend for duty? A. If a prior commitment has been given to work,
this will be regarded as absence from duty and
dealt with accordingly as per any other day of
absence.
Q. Will it be an exception rather than the rule to use
2 hour clause? A. Yes. The situations in which individuals will be
asked to remain at work at the end of their shift
are clearly laid down.
Q. What is meant by exceptional and what is to
prevent the 2 hour extension not being applied on
a regular basis, e.g. Possessions overruns ?
A. This aspect of the agreement is to help ensure that
train services are not disrupted and thereby best
serve the interests of our customer. Where
overruns do occur, often for circumstances outside
the control of BBRML, or it‟s employees, severe
financial penalties can occur which clearly we all
wish to avoid by optimising our planning and
management of work. If it can be demonstrated
that the need to enforce clause 11.e(iii)(a) is being
utilised excessively, then the matter should be
referred for early discussion with the Regional
Director.
Q. If required to work up to an extra 2 hours at the
end of a 12 hour shift there could be a problem if
the next turn of duty would normally commence
12 hours later?
A. The requirement for an additional 2 hours work
will only arise in exceptional circumstances and
could result in the reduction of a rest period. If it
is likely that the emergency situation will extend
beyond 2 hours, alternative arrangements will be
applied regarding the commencement of the next
shift.
Q. Does the requirement to work up to 2 hours
beyond end of shift apply to work being carried
out at a depot or other location away from the
running lines?
The requirement applies to all work considered by
the company to be essential to safety or important
to business needs.
BBRML – New Terms & Conditions – 2 January 2000 Page 30
11. e) HOURS OF
WORK
(Continued)
Q. What are the likely effects of the Working Time
Directive? A. The Working Time Directive does not yet apply to
BBRML. In the meantime, every effort will be
made to ensure that rosters conform to the
anticipated requirements.
11. f) PAYMENT FOR
EXTRA HOURS
WORKED
Q. How will the additional 2 hours at the end of the
shift be paid – some employees would like to take
any accumulation of the “2 hours” as “time off in
lieu”?
A. The 2 hours will be acknowledged by payment
only and this will be paid at the appropriate
premium rate. It is not considered part of the 481
hours.
11. g) ROSTERING
(OVERTIME)
Q. Will new rosters result in a dramatic reduction of
overtime? A. If the work plan identifies a shortage of
manpower, work can either be covered by
overtime or, where appropriate, additional staff.
The average hours worked by BBRML employees
will reduce, but it is likely gross earnings will not
be dramatically affected.
Q. There is a fear that additional work will be
accomplished in rostered shifts, thus depriving
men of overtime. Can work content be changed
and what happens if workload is completed early?
A. It is inevitable that there will be changes to the
work plan but the whole objective in having
flexible rostering is to improve productivity and
effective use of time.
11. g) ROSTERING
(Exemption from
weekend and night
duty)
Q. There is a concern that the agreement compels
employees who haven‟t previously worked
weekends or nights, on religious grounds, etc., to
do so. What protection will these employees
receive ?
A. The agreement provides the flexibility for staff to
be rostered over 7 days and around the 24 hour
day, subject to the provisions of para no. 11(g).
However, where staff have not in the previous 2
years been available to work such hours, the
company will make every effort to ensure that
they are not compelled to do so, especially where
personal domestic reasons or religious convictions
prevail.
BBRML – New Terms & Conditions – 2 January 2000 Page 31
11 g ) ROSTERING
(Exemption from
weekend duty)
Q. Some staff need to be home over weekends, have a
regular pattern of work or be available at specific
times (e.g. single parent, etc.). Can these people
be accommodated within the new rosters?
A. AME‟s and RSM‟s will already know of such
cases and will try to accommodate those
individuals where there is genuine hardship but
the needs of the business are paramount.
11. g) ROSTERING
(Night working)
Q. Are there any limitations to the amount of night
work individuals may be asked to perform ? A. The frequency of night working will not require
individuals to be rostered for continuous nights,
unless this practice currently exists. Where
possible, BBRML will take account of individuals
personal preferences and comply with the relevant
Working Time Directive regulations when
rostering people for night duty. Where
operational demands require a frequency of night
working greater than one week in three, BBRML
will in the first instance seek volunteers to
resource the demand.
11. g) ROSTERING
ARRANGEMENTS
Q. What about those individuals who do not wish to
change from their existing rosters? A. Every effort will be made to meet the preferences
of individuals but, if business needs dictate, such
individuals will be required to meet rostered turns
of duty.
11. g) ROSTERING
(Training)
Q. Is training to be incorporated into rosters? A. This will be done wherever possible. The training
organisation may be able to specify an annual
programme for essential, and/or routine courses.
Equipment based training courses requiring
attendance at remote locations continue to be
covered by local arrangements.
BBRML – New Terms & Conditions – 2 January 2000 Page 32
11 g) (iv) ROSTERING
(6 hour shifts)
Q. What is to prevent staff being regularly rostered
for an entire week of short shifts ? A. In recognition of the changing nature of customer
demands and RT1A Contracts, the facility exists
to roster staff for minimum shifts of 6 hours. In
any 13 week cycle a maximum of 5 weeks of 6
„short‟ shifts e.g. 6 x 6 hours or 5 x 6 hours + 1 x
7 hour shift will be rostered.
Q. Will the minimum 6 hour rostered turn be used on
a continual basis to limit earnings
potential ?
A. A commitment has been given that no more than 5
turns will normally be rostered in any week. (See
11(g)(v)). Proposals in this regard will be the
subject of roster discussions with Local
Representatives.
11. g) (vi) ROSTERING
(Rest days)
Q. If staff have been rostered for a rest day can they
be asked to work? A. Employees cannot be forced to work on their rest
days, since such additional work is undertaken on
a voluntary basis.
11. g) (xi) ROSTERING
(Bank Holidays)
Q. Which Bank Holiday turns will qualify for an
additional day‟s leave. A. Only those turns commencing on a designated
Bank or Public Holiday will qualify for an
additional days leave.
11.
g) (xii)
ROSTERING
(Shift changes)
Q. Will 48 hours notice of roster changes be required
in all cases? A. Normally, a minimum of 48 hours will be given of
an intention to alter a single rostered turn of duty,
unless in exceptional circumstances, when this
may be less. For example if an individual was
rostered to work 08.00 hours to 16.00 hours on a
given day, this could be altered to 06.00 hours to
14.00 hours on that same day.
BBRML – New Terms & Conditions – 2 January 2000 Page 33
11. g) (xii)
ROSTERING
(Shift changes)
(continued)
Q. What about enforced changes to rosters? – For
example, when Railtrack cancel night possessions
for several days or weeks necessitating a change
to day working. How will staff be paid – the day
rate or as per the roster?
A. Payment conditions in such circumstances will be
for actual time worked.
11. g)(xiii) ROSTERING
(Leave requests)
Q. According to the agreement, I am only required to
give a minimum of 48 hours notice if I want to
take leave.
A. In any circumstances, leave will only be granted
subject to the exigencies of the service. i.e.
management must have the ability to cover the
work.
This paragraph is not intended to apply to
extended periods of Annual Leave (i.e. periods of
one week or more) for which as much notice as
possible should be given to enable the request to
be complied with.
11. g) xiv) ROSTERING
(Mutual exchanges)
Q. What payments will apply if mutual exchanges of
shift are made? A. Payment is for actual time worked. It is for the
staff concerned to be fully aware of the specific
circumstances and how they might be affected if
mutual exchanges are agreed.
Q. Are rosters to be prepared and agreed between
RSM‟s and their staff before being passed to
AME‟s?
A. No - AME‟s will formulate rosters with the
assistance of RSM‟s, such rosters will then be
discussed with local representatives in accordance
with the agreed bargaining procedures.
11. g) (xv) ROSTERING
(Welfare
requirements)
Q. What is the situation if rosters necessitate travel
to or from work outside the time of local public
transport operations?
A. Rosters are prepared by AME‟s and will be based
purely on business needs. Where possible, such
rosters will take local circumstances into account,
but this will not be the overriding factor.
BBRML – New Terms & Conditions – 2 January 2000 Page 34
11. g) (xv) ROSTERING
(Welfare
requirements)
(continued)
Q. In the event of a disagreement regarding rostering
proposals, what is the appropriate level at which
this will be resolved ?
A. This will be dealt with by the Senior Manager
within each Regional Production Group or by the
immediate report with the involvement of the
relevant regional Business Council
Representatives.
11. h) MEAL BREAKS Q. Should we adopt a standard for meal breaks? A. Meal breaks are for local agreement and will form
part of the discussions regarding rosters. Meal
breaks may be paid or unpaid depending on
circumstances.
Expenses will not be paid in future when rostered
for an unpaid meal break.
Q. What happens to those staff who are currently
working 30 minutes paid break on night shift? A. New Terms and conditions supersede all previous
agreements. Meal breaks will be discussed with
local representatives, but on night shifts, a 20
minute paid meal break will be provided.
11. i) ADDITIONAL
COVER
ARRANGEMENTS
Q. Will the 2 hours payment be made for a telephone
call received while „On Call‟? A. No, the minimum payment of 2 hours will only
apply to those calls which actually require
attendance.
Q. Will people be rostered “On Call” regardless of
their personal circumstances? Some single
parents, etc., cannot just re-arrange their lives to
satisfy the company?
A. The agreement provides that all staff may be
required to undertake on call duties, but this will
be determined by business needs and discussed
with local representatives.
Q. If „On Call‟ on Bank or Public Holidays and not
called out, is a lieu day to be awarded? A. Yes – In such circumstances one day‟s additional
leave will be granted for on call shifts which
commence on the day in question.
BBRML – New Terms & Conditions – 2 January 2000 Page 35
11. i) ADDITIONAL
COVER
ARRANGEMENTS
(Continued)
Q. In the event of a call out requiring attendance,
from what time is the payment calculated ? A. Payment will commence from the time of the
telephone call and will continue until duty is
discontinued.
11. j) METHOD OF
PAYMENT
Q. Will those staff currently paid on a weekly basis
be forced to transfer to four-weekly pay ? A. It has been agreed that by 31 March 2000 all staff
will be paid 4 weekly by credit transfer. To
facilitate transfer from weekly payment to 4
weekly, an interest free loan equivalent to 2 weeks
salary will be made available. This loan will be
repayable by 31 December 2000.
Q. Is interest payable on the loans being offered by
the Company to assist individuals with the
transition to four-weekly pay?
A. No. Loans made to staff currently on weekly pay
will be interest free. Such loans will, however, be
repayable by 31 December 2000. Repayment will
made by deductions from the 4 weekly paybill
spread evenly over the balance of the loan period.
Q. What is the maximum loan that can be applied
for? A. Normally the maximum loan amount will be two
weeks gross basic pay, but where special
circumstances apply, such cases will be
considered on their merits.
12. REDUNDANCY Q. Do the new Terms and Conditions affect the
current P. T. & R. arrangements? A. Promotion, transfer and redundancy arrangements
remain unchanged, other than those aspects
contained within the agreement.
BBRML – New Terms & Conditions – 2 January 2000 Page 36
13. HOLIDAY
ENTITLEMENT
Q. Will it be necessary to compel staff to take an
entire week/s leave at specific times of the year ? A. To enable workload to be planned effectively and
for necessary resources to be available, the leave
entitlement needs to be evenly spread across the
annual calendar. This prior planning benefits staff
in being able to plan their own leave arrangements
sufficiently well in advance for holidays, etc.
Where circumstances allow, a flexible approach will
be adopted at local level.
Q. Nobody wants holidays before Easter! Why has
one week of Annual Leave to be taken in the first
13 weeks?
A. By and large, the core RT1A/IMC2 workload does
not change throughout the year and it is essential,
therefore, to properly plan the effects of Annual
Leave.
Q. Must the four weeks always be taken as full
weeks? A. Yes. These will normally be granted as one week in
the spring, two weeks in the summer and one week
in the winter.
The remaining leave entitlement may be taken, by
agreement, as individual days.
Q. If 3 consecutive weeks are granted, how will this
be calculated? A. Leave over 3 consecutive weeks can be agreed in
exceptional/special circumstances and in accordance
with the arrangements set out in the Terms and
Conditions agreement. Additional leave will be
calculated on the basis of individual days.
Q. Some individuals have already booked their main
holidays for 2000. Will these be honoured? A. Yes. If notification of Annual Leave can be given as
soon as possible, this will then enable individual
requirements to be planned into rosters.
BBRML – New Terms & Conditions – 2 January 2000 Page 37
13. HOLIDAY
ENTITLEMENT
(Continued)
Q. Is leave over the 20 days paid at roster hours and
rate, or 37 hours pro rata? A. It is intended that the 20 days rostered annual leave
should be taken in blocks of 5 days - 37 hours. The
remainder of leave is to be taken and paid in days,
irrespective of the length of the shift.
Q. Is a “lieu day” given if a rest day falls on a Bank
or Public Holiday? A. Yes – An additional leave day will be granted if a
rest day falls on a Bank Holiday.
Q. Can lieu days be taken whenever people want to
take them? A. All leave is subject to notice and agreement, lieu
days can be taken for any rostered turn of duty,
provided such agreement is made.
Q. Do Bank Holidays count as part of the 481 hours
for meeting the T‟s & C‟s? A. Yes – Staff may be required to work Bank Holidays.
Q. Is it possible for management to refuse annual
leave at 48 hours notice? A. Yes. It is intended the majority of leave periods will
be rostered and, once leave has been agreed, it is
unlikely that there will be a need for this to be
changed.
If employees find it necessary to apply for leave
giving only 48 hours notice, every effort will be
made to accommodate such requests, but business
needs must always be considered.
Q. Can paid or unpaid leave be allowed for close
family sickness or an exceptional situation, such
as an accident involving people or a persons
property?
A. The appropriate manager will have the authority to
allow leave in exceptional domestic circumstances.
BBRML – New Terms & Conditions – 2 January 2000 Page 38
13. HOLIDAY
ENTITLEMENT
(Continued)
Q. Can holidays run from midweek to midweek? A. Yes. This type of holiday leave can be
accommodated by local agreement, but will be the
exception, rather than the rule and must be requested
in advance of production of the roster.
Q. Where staff have more than 25 days leave
retained on a personal basis, do they have to be
taken by agreement?
A. Yes. All leave requests must be agreed in advance.
Q. Is the “First Aid day” to be retained? A. Yes. An additional leave day will be granted if First
Aid qualification certificate has been achieved.
Q. Can a guarantee of Annual Leave be given if
sufficient notice of required dates can be
supplied?
A. Annual Leave will be rostered so far as the main
weeks are concerned, but no assurances can be given
regarding individual days.
The sooner requests for specific leave periods are
received the better. Wherever possible, such
requests will be agreed and incorporated into the
rosters.
Q. Will the additional service related leave days
granted previously to S&T staff be superseded by
new T‟s and C‟s arrangements?
A. No – T‟s & C‟s state that those staff in service prior
to implementation of the new agreement whose total
leave entitlement is currently greater than the levels
shown, will retain their existing entitlement on a
personal basis.
Q. What will happen if people do not take up or book
their Annual Leave early in the period or want
specific weeks (i.e. half term)?
A. Every effort will be made to allow people the
holiday weeks of their choice, however, the business
needs must be paramount and it may be necessary to
disappoint those who do not book their holidays
early enough in the process.
BBRML – New Terms & Conditions – 2 January 2000 Page 39
13. HOLIDAY
ENTITLEMENT
(Continued)
Q. If Annual Leave is to be taken as full weeks, will
these include the weekend at either end of the
shift?
A. 4 weeks are to be taken, as stated, and will be
rostered according to business needs. Similarly,
additional leave days must also recognise these
needs and only one weekend will normally be
rostered free from duty.
14. SICKNESS
BENEFITS
SCHEME
14.4 MEDICAL
CERTIFICATES
AND SICK PAY
STATUS
CERTIFICATES
Q. The advice/notification of sickness before 10.00
a.m. could be difficult in some circumstances? A. Notification of sickness should be given as early as
possible to enable the planned workload to be
covered.
Q. What happens if staff book off sick after only short
time on shift? A. Payment will be made for the duration of the shift.
Indication should, however, be given regarding the
intention to return to work.
Q. What happens if someone is sick prior to rostered
holidays and such sickness extends into the
holiday period?
A. On production of a medical certificate such absence
will be regarded as sickness.
14.7 RETURNING TO
WORK
FOLLOWING
SICKNESS
ABSENCE
Q. What happens if the shift of the person wanting to
return to work has already been covered? A. Early notification of the intention to return to work
is required to avoid this situation arising. However,
in such circumstances, employees may not
necessarily return to their own shift pattern. They
will not be paid if they arrive back for duty without
prior notification.
BBRML – New Terms & Conditions – 2 January 2000 Page 40
16. BONUS SCHEME Q. When will the Bonus Scheme come into
operation? A. Formation of the proposed working party has not yet
taken place and discussion regarding this aspect is
not likely to take place until Spring 2000.
GENERAL Q. Once finalised, will a current copy of the Terms
and Conditions be held at the S & T libraries? A. A definitive copy of the agreement will be kept in
company libraries, and updated as necessary.