1.0 Purpose
We are committed to complying with the Working Time Regulations in employment, because they protect the Health and Safety interests of our colleagues and have legislative impact.
Due to the nature of our business overtime is quite often required and historically colleagues have been highly co-operative in working long hours, from time to time, in order to deliver customer service to the highest standards.
2.0 Definitions
3.0 Policy Detail
The provisions of this section are applicable to most people in Telewest. The only exceptions are grade 3 managers and above.
3.1 Weekly Working Time
Everyone will be requested to sign an agreement which accepts that due to the nature of the business, it may be necessary for your weekly working hours to exceed 48, including overtime, when averaged over a 17 week period. This may be either at the commencement of employment, through individual terms and conditions or upon the implementation of this policy.
No records are required to be kept, with regard to ‘Weekly Working Time’ for the above group of individuals, who have not opted out.
However, no individual will be compelled to sign to accept these terms. You may ‘opt out’ of this term immediately upon commencement of employment or give three months notice of intent to work no more than 48 hours (when averaged over 17 weeks) at any other time. This notice must be recorded in writing to your line manger and also communicated to your local HRC and held on your personal file.
For this group of individuals, who have opted out, managers are required to keep records of actual hours worked and to supply these to the HR department every 17 weeks, or as requested.
If you have chosen to exercise the right to work no more than 48 hours per week, over the 17 week review period, you may choose to reverse this decision at any time. The request must be made in writing to your line manager and requires no notice period to be given..
3.2 Annual Leave
Everyone will be required to exercise at least 20 days of their annual leave entitlement in each and every holiday year. This may include Bank holidays, as appropriate. It is the joint responsibility of the line manager and the individual to ensure that the leave is taken.
Up to 5 days remaining entitlement, may be carried over to the next holiday year, if at least 20 days have already been taken, subject to the normal local conditions.
The provisions in this section are not applicable to all colleagues. Please see below.
3.3 Night Workers
Night workers are defined as those who in the normal course of employment, work at least three hours of their daily working time between the hours of 11pm and 6am. This includes overtime, ‘standby’ and ‘call out.’
If you are classed as a night worker you will not be compelled to work more than eight hours in any twenty four, when these hours are averaged over 17 weeks.
However, affected groups with similar responsibilities may sign to agree that their normal hours may exceed the eight hours, over the 17 week review period. The elected representative of the team must sign such agreements, after all the affected members have been consulted.
You are entitled to refuse to sign the agreement, in which case hours worked, including overtime, will be limited.
We recognise that night working presents special hazards by its very nature. Managers will be responsible for ensuring that risk assessments are completed and reviewed regularly.
Where special hazards are identified in relation to working nights and formally recorded by means of a risk assessment, then an absolute limit of eight hours will be imposed on all affected colleagues. No review period will apply.
If you work nights you will be asked to complete a health questionnaire on commencement of employment and at annual intervals thereafter. Any health problems identified, which are verified by a medical practitioner as likely to be a direct result of employment, will be investigated. In such circumstances, an employee may be transferred to day work, where it is practical.
3.4 Exemptions
Section C is applicable to all employees at grade 4 and below, who are required to keep timesheets.
Network Operations staff are exempt from Section C, as their skills and flexibility are essential for the continuity of the telecommunications network that we provide. This is in compliance with the Working Time Regulations.
Additionally, field based colleagues are generally exempt. The rationale for this being that these colleagues are to a greater extent, responsible for governing their own working hours, in the pursuit of their respective objectives.
Examples of groups that have been identified as falling within the latter category are :
· Field Based Sales staff
· Service and Installation staff
· Field Based Retention and Collection staff
· Some Network Design/Delivery Staff.
This list of possible exceptions is not exhaustive. HR and line management, according to The Working Time Regulations, must agree any other exceptions.
Some of these exempt groups may not be required to work nights, but are identified because in certain circumstances they may also be exempt from the provisions of Section C. Further advice on this is available from your HR department.
Where it is reasonably practical, we will attempt to arrange compensatory rest for any exempted groups. This may be where records show individuals work rest breaks and periods considered excessive, in our opinion, and with regard to our duties under The Health and Safety at Work Act 1974.
SECTION D
This section is applicable to all our colleagues, regardless of grade or status. However, see also the ‘exemptions’ under Section B, where compensatory rest may be given as an alternative.
3.5 Daily Rest Breaks
All staff are entitled to an uninterrupted rest break of at least 20 minutes in any six hours. Provision is made for this break in all Terms and Conditions of Employment.
Staff and line management have joint responsibility for ensuring that appropriate breaks, of at least 20 minutes duration, are actually taken.
3.6 Daily Rest Periods
Everyone is entitled to a rest break of at least 11 consecutive hours in any 24 hour period, inclusive of overtime, ‘call out’ and ‘standby.’
Staff and line management have joint responsibility for ensuring that such breaks are taken.
We appreciate that there may be circumstances whereby it is difficult to adhere strictly to these guidelines, for example where continuity of service must be provided to customers. In such unforeseen circumstances, managers are required to consider compensatory rest.
3.7 Weekly Rest Periods
Everyone is entitled to an uninterrupted weekly rest period of not less than 24 hours in any 7 day period or one rest period of 48 hours in any 14 day period.
Staff and line management have joint responsibility for ensuring that rest periods are taken.
SECTION E
3.8 Young workers
Special additional provisions apply to staff who are less than 18 years old.
These individuals are entitled to daily rest of 12 hours in any 24 hour period, weekly rest periods of 48 hours and daily rest breaks of 30 minutes in any 4.5 hours.
4.0 ADDITIONAL ITEMS
4.1 Record Keeping
Records of actual hours worked are required to be kept for some people at grade 4 and below. This is only for those people who have chosen not to voluntarily work more than 48 hours per week, as necessitated by the needs of the business from time to time.
Additionally, records of night working hours and annual leave must be recorded.
Managers will collate this information weekly and submit it to the HRSC on a quarterly basis. Line managers and HR will review submissions to ensure that the Telewest Working Time Policy is being complied with.
The timesheet information is required to be held on file for 2 years.
4.2 Unmeasured Working Time
Staff employed at grade 3 level and above, are considered to be responsible for managing their own working time.
Despite the fact that they will be issued with a contractual number of working hours, it is recognised that these managers often need to respond flexibly to the needs of the business. Therefore, we consider that they are exempt from the provisions of Sections A and C. However, they are still required to take the requisite rest periods, breaks and annual holidays.
4.3 Training for Managers
All managers will be briefed upon commencement of employment on their roles and responsibilities with regard to The Working Time Regulations. They will also be advised of any changes to policy.
Issue Date: January 2003