Letter to Branches
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email: [email protected]
150 The Broadway, Wimbledon, London, SW19 1RX Tel: 020 8971 7200 Fax: 020 8971 7300
General Secretary: Billy Hayes (www.billyhayes.co.uk)
No. 1021/11
Ref: SB/kc
Date: 7 December 2011
EMBARGOED UNTIL WEDNESDAY 7 DECEMBER 2011 AT 09:00AM
To:
All BT Branches with Manpower Members
Dear Colleague
Agency Workers Regulations - Applying Equal Treatment
Further to the Agency Forum held on the 29 November I am summarising the main issues that
were discussed within the presentation as follows:
Extensive discussions have taken place with Manpower and BT over the last six months and
the CWU are supportive of the general approach on implementation which will be applied in
England, Scotland and Wales on the 24 December 2011 and in Northern Ireland on the 27
February 2012.

This summary is not complete as at this stage final due diligence is taking place on the
mapping of some Manpower assignments on to BT roles particularly in Thurso and
Alness and that work will be completed shortly.
A letter has been sent to All Branches asking them to check the relevant mapping
information for their Manpower members on zero hour contracts.
12 Week Qualifying Period

It has been agreed that the clock will not be paused ‘during the 12 week qualifying
period for reasons of normal absence e.g. sickness, holiday etc’; also Christmas shutdowns will not be taken into account.

In terms of entitlements this will result in equivalence being brought forward by around
3 weeks.
Entitlement Timetable

Those Manpower members on assignment on 1 October will qualify for equal treatment
effective from 24 December 2011.

Pay changes in Northern Ireland will be effective from the 27 February, due diligence
currently taking place.

Those Manpower members who began assignment after 1 October will qualify for equal
treatment having completed 12 consecutive weeks; irrespective of which week day the
assignment commenced this will count as a whole week.

This could result in a Manpower member qualifying for equal treatment after as little as
11 weeks and 1 day.
COMMUNICATION WORKERS UNION
URGENT INFORMATION FOR CWU MEMBERS
Entitlement Timetable - Illustration of Examples
Assignment Start Day
Equivalence Begins
Monday, 3 October
Monday, 26 December
Tuesday, 4 October
Monday, 26 December
Thursday, 3 November
Monday, 23 January
Monday, 5 December
Monday, 27 February
Mapping to BT Job Role

Due diligence is still taking place on the mapping of some Manpower assignments on to
the BT job role.

The CWU would like to be in position to verify the correct grades to our Manpower
members as we believe that in the vast majority of cases a BT comparator can be
readily identified. However, this work is ongoing.

As stated above individual letters to Branches has been sent asking them to verify the
information received from BT regarding the mapping of Manpower employees on to BT
roles.
Calculation of Pay Rates
The basic calculation to determine the new hourly rate is to take the appropriate BT annual
salary at 1 January 2011 (including 33 days paid holiday) and divide by 52.18 (weeks per
year) and divide by 36 (hours per week) as per BT Terms and Conditions. This results in the
‘equivalent base hourly pay rate’ whether in work or on holiday.
Please see table illustration below:
BT employee salaried and paid same for all hours/days
Agency worker paid for hours/days worked
BT
Agency paid for 28 days time off on holiday and redistributes to agency worker when days off taken
Principles
Agency worker additionally entitled to the difference between 28 days and 33 days holiday
no. days worked
pa
Typical grade
(not exhaustive
list)
annual salary
minimum at 1
Jan 2011
(including 33
days paid
holiday)
Annual salary
÷ 52.18
÷ 36
227.9
total days pa minus days spent on holiday
A2CC
B1S
£15,264
15.264
÷ 52.18
÷ 36
Base Hourly Pay = £8.13
Rate whether in
work/on holiday
B1CC
B1
B2
C1
C3
£15,513 £17,425 £17,730 £20,025
£21,690
£25,715
15.513 17.425 17.730 20.025
÷ 52.18 ÷ 52.18 ÷ 52.18 ÷ 52.18
÷ 36
÷ 36
÷ 36
÷ 36
21.690
÷ 52.18
÷ 36
25.715
÷ 52.18
÷ 36
= £8.26 = £9.28 = £9.44 = £10.66 = £11.55 = £13.69
COMMUNICATION WORKERS UNION
URGENT INFORMATION FOR CWU MEMBERS
Premiums and Overtime - Team Member Only
Please find a summary of the BT premiums and overtime payments that will be applied:
Standard Hours
Note on part timers
Mondays to Saturdays
Sundays
Christmas Day
Other Bank Holidays
Nights
Basic hourly rate up to 36
hours worked a week.
Basic hourly rate.
Overtime
(over 36 hrs per week)
As above.
1.5 x basic hourly rate for
work over 36 hours Mondays
to Saturdays.
2 x hourly rate
1.75 x basic hourly rate for
Also applies to part-timers
work over 36 hours on
working up to 36 hours
Sundays
3 x hourly rate
2.5 x hourly rate
1/3 x basic hourly rate for hours worked between 21:00 and
06:00 on any day of the year
Pay examples and the precise impact will be confirmed to individuals by Manpower.
Pay Examples
NOTTINGHAM MVAS
Manpower (standard
hours 37)
BT A2cc (standard
hours 36)
Hourly
Rate
£6.90
£8.13
Overtime
x1.25
£8.63
x1.5
£12.20
Sunday
Shift
X1.5
£10.35
x2
£16.26
Christmas
Day
x3
£20.70
x3
£24.39
Night
Allowance
x1.25
£8.63
1/3 hourly
rate
£10.84
Sunday
Overtime
x1.5
£10.35
x1.75
£14.23
Pay examples and the precise impact will be confirmed to individuals by Manpower.
LINCOLN MH&S
Manpower (standard
hours 37)
BT B1C (standard
hours 36)
Hourly
Rate
£7.50
£9.28
Overtime
x1.25
£9.38
x1.5
£13.92
Sunday
Shift
X1.5
£11.25
x2
£18.56
Christmas
Day
x3
£22.50
x3
£27.84
Night
Allowance
x1.25
£9.38
1/3 hourly
rate
£12.37
Sunday
Overtime
x1.5
£11.25
x1.75
£16.24
Pay examples and the precise impact will be confirmed to individuals by Manpower.
Canterbury Consumer Sales
Manpower (standard
hours 37)
BT A2CC (standard
hours 36)
Hourly
Rate
£7.25
£8.13
Overtime
x1.25
£9.06
x1.5
£12.20
Sunday
Shift
X1.5
£10.88
x2
£16.26
Christmas
Day
x3
£21.75
x3
£24.39
Night
Allowance
x1.25
£9.06
1/3 hourly
rate
£10.84
COMMUNICATION WORKERS UNION
URGENT INFORMATION FOR CWU MEMBERS
Sunday
Overtime
x1.5
£10.88
x1.75
£14.23
Pay examples and the precise impact will be confirmed to individuals by Manpower.
Premiums and Overtime – Pay

Inner London Weighting
Manpower will apply £1.70 per hour will apply (for up to 36 hours per week).

Short-term Supervisory (Chargeship)
Where applicable, the rate for the above will be a flat rate of £8.62 per day, or £4.31
for less than 4 hours.

Foreign Languages
Manpower will apply £1.52 per hour (for up to 36 hours per week) to relevant
employees. For MVAS Manpower will apply £1.43 per hour (for up to 36 hours per
week) to relevant employees.

BT and Manpower have identified a few Manpower employees who have a base hourly
pay rate is in excess of the BT equivalent. Manpower has stated that in this instance
pay rates and premiums will not change. The CWU has requested detail of where these
pay rates exist.

Rates where pay equivalence and a BT team member grade applies will be uplifted from
1 January 2012 in line with the BT pay uplift.
Holiday Entitlements


After 12 weeks qualifying period ALL Manpower members inclusive of PBA contracts will
be entitled to the following:
Grades
England Scotland & Wales
Team Member
25 days + 8 bank holidays = 33 days
Manpower has stated that all other rules and applications of the Manpower holiday
process will remain the same. This is an issue that has been challenged by the CWU
and will be subject to ongoing discussion.
Pay Between Assignments Contracts (PBA)

Those Manpower members on a PBA contract will not be entitled to equal treatment as
far as pay is concerned. However, they will receive the additional annual leave after 12
weeks qualifying period.
Areas Identified that are Outstanding and of Potential Disagreement

As you will be aware the Agency Regulations are complex and many areas are open to
interpretation, not least the issue of how far the application of Equal Treatment will be
applied. The CWU has raised a number of issues with Manpower where we have
identified that there is the potential for disagreement. These are as follows:
-
The first 12 weeks not being retrospective and not counting towards service e.g.
pay progression (October).
COMMUNICATION WORKERS UNION
URGENT INFORMATION FOR CWU MEMBERS

-
Holiday processes e.g. application of taking annual leave equivalent to a BT
employee.
-
PBA contracts.
The CWU will continue to represent these issues as indeed we will other issues that are
identified and will update branches accordingly.
Communications

LTB to all Branches; including summary of pay information.

Leaflet to members of key points of applying equal treatment.

Own website containing all information; dedicated email address.
Conclusion
The CWU continues to work with Manpower and BT on the implementation of the Agency
Regulations.
We believe that significant progress has been made in order that Equal Treatment will be
correctly and consistently applied.
Manpower has advised the CWU that it is their intention to write to their employees in England,
Scotland and Wales on an individual basis from the 14 December with the detail of their new
pay rates and conditions. It is anticipated that Manpower will be writing to their employees in
Northern Ireland sometime in January 2012.
Further updates will be issued as we move forward towards implementation. A separate LTB
will be issued concerning Christmas/New Year arrangements.
Please see all LTB’s relating to the Agency Regulations: http://www.cwu.org/agencyregulations.html.
Any queries to be addressed to Sally Bridge at [email protected].
Yours sincerely
Sally Bridge
Assistant Secretary
COMMUNICATION WORKERS UNION
URGENT INFORMATION FOR CWU MEMBERS