New Terms & Conditions - Unite the union · The existing grading and pay structure is to be greatly...

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Balfour Beatty Rail New Terms & Conditions Balfour Beatty Rail Maintenance Limited 2 January 2000

Transcript of New Terms & Conditions - Unite the union · The existing grading and pay structure is to be greatly...

Balfour Beatty

Rail

New

Terms & Conditions

Balfour Beatty Rail Maintenance Limited 2 January

2000

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.

BBRML – New Terms & Conditions – 2 January 2000 Page 5

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.