Union Office, British Telecom, Becket House, New Dover Road,
Canterbury, Kent, CT1 3BB
Tel: 01227 760311 Fax: 01227 815929 e-
Letter to Branches
No. 800/11 Ref: SB/kc Date: 22 September2011
To: All BT Branches with Manpower Members
Dear Colleague
Agency Regulations -
Please see a list of questions that have been sent to BT and Manpower along with their respective responses.
BT response is in Blue
Manpower response is in Red
Q1.What is applicable ‘on day one rights’ and what have you done to ensure implementation re: i.e. childcare, car policy, job vacancies (access arrangements)?
A1. BT have reviewed this carefully across the company and have not been able to identify any workplace facilities where agency workers do not already have the same access as BT employees. It has been agreed that the CWU will alert BT if there are any areas where agency workers are not in receipt of facilities.
Q2.Can you confirm if there are any Managed Service contracts on the BT account?
A2. Manpower has confirmed that there are no Managed Service contracts.
Q3.Can you identify the “in scope” areas?
A3. BT has identified all areas in the company 'in scope'. They will regard all workers provided under our agency supply contracts with Manpower as in scope of the legislation where appropriate.
Q4.Have you identified where transport services are provided which arrangements will apply to agency workers?
A4. BT are not aware of any transport arrangements that are not already available to agency workers.
Manpower has confirmed that the taxi policy equally applies to agency workers.
Q5.What are the areas of “objective justification” for less favourable treatment in relation to access to collective facilities?
A5. BT are not aware of any cases where there is a difference in the access to collective facilities.
Q6.How does an agency worker in relation to Regulation 13 apply for a job vacancy?
A6. BT have advised the CWU that they are building an internet portal to enable agency
workers to see and apply for vacancies at the same time as BT employees after MCC
people and redeployees have been considered. Agency workers will be provided with
a URL to access the portal which can be done from any PC inside or outside BT. There
are some major differences to an internal applicant. An agency worker, for example,
does not have a BT DPR and, if appointed, would be treated as an external hire requiring
a contract of employment and full pre-
We continue to expect to appoint existing employees wherever possible to contain redeployment and headcount.
Q7. How does BT and Manpower intend to apply equal treatment on pay? What is the process?
A7. BT and Manpower are in detailed discussions on BT’s pay, terms and conditions
and how equivalence can be applied to agency workers where this is appropriate. There
are a number of interpretation challenges, not least because BT’s employees are salaried
and agency workers are paid for time worked. Manpower has been provided with information
that covers basic pay by relevant grade, overtime, unsocial hours, allowances, hours
and holidays. We are working together to fine-
Q8. Can you confirm all of the appropriate pay rates?
A8. BT have confirmed that they can and Manpower has been provided with information that covers basic pay by relevant grade, overtime, unsocial hours, allowances, hours and holidays. BT and Manpower will share this information with the CWU
Q9. How do you intend to align the hours in the working week? How will this impact on current attendances?
A9. BT have stated that the vast majority of Manpower agency workers on assignment to BT work 36 hours a week or less. Where hours exceed 36, work and pay will be geared around 36 hours a week.
Q10. How will BT/Manpower monitor/log/process and calculate the 12 weeks qualifying period?
A10. BT are currently discussing options with a view to making this as simple as possible for all concerned.
Q11. How will pauses in the qualifying clock be recorded?
A11.Where appropriate, pauses will be recorded in accordance with the Regulations and Guidance.
Q12. Have the differentials to pay premiums and allowances been identified?
A12. BT have confirmed they have. This is part of the discussions they are having with Manpower on pay.
Q13. Have you identified the changes that will need to be made to the Bank Holiday arrangements in relation to pay/credits and annual leave allocation?
A13. BT have stated the following -
Q14.How will the overtime payments work?
A14. Overtime will be geared around a 36 hour week as it is for BT employees. Where equal treatment is applicable, they are working to apply it from the end of the qualifying period, 12 weeks after 1 October 2011.
Q15. How will the agency worker receive their annual leave entitlement over and above the 5.6 weeks?
A15. BT are reviewing options on holidays as operational requirements differ significantly across the business. They will confirm the approach once it has been determined.
Q16. What assurances are there that annual leave capacity will be sufficient to allow for the increase/allowance?
A16. BT have states that this is part of their considerations in respect of how they will treat holidays, which they have yet to finalise.
Q17. How will BT/Manpower ensure equal treatment on annual leave request?
A17. Again, this is part of their considerations on holidays.
Q18. In January 2012 there may be an pay review for the BT employees. Can you confirm that as a result of this review that results in a pay increase will apply to those eligible Manpower employees?
A18. BT has made Manpower aware of this, and also the October pay progression arrangements that apply in BT.
Q19. Are Manpower in receipt of the relevant T&C’s from BT to ensure that equal treatment is applied?
A19. BT has provided Manpower with information that covers basic pay by relevant grade, overtime, unsocial hours, allowances, hours and holidays, including bank holiday credits.
Manpower have confirmed that they are in receipt of a draft BT document that they understand will be updated and reissued by BT in due course. The relevant T&C’s will be shared with CWU accordingly.
Q20. What process is Manpower putting in place to respond to requests from their employees regarding their entitlements under the Regulations?
A20. Manpower have confirmed that the intend to publish from the centre, to all local
Manpower representatives, a breakdown of how equal treatment has been applied including
details on how e.g. overtime, bank holiday working etc operates. It is their intention
to share this with CWU so that between us, local queries can be handled ‘live’ and
in real time. They will operate an up-
In addition to the above, BT are working with Manpower on appropriate communications and expect these to be in two phases. BT intention is to raise general awareness during September and provide information on access to vacancies, then for there to be further communication from November on pay, hours and holidays.
As a result of the Agency Forum further questions have been submitted that I am currently awaiting a response and will update Branches shortly.
Please see all LTB’s relating to the Agency Regulations: http://www.cwu.org/agency-
Yours sincerely
Sally Bridge
Assistant Secretary
For instant updates: http//:www.cwu.org
email: info@cwu.org
150 The Broadway, Wimbledon, London, SW19 1RX Tel: 020 8971 7200 Fax: 020 8971 7300
General Secretary: Billy Hayes (www.billyhayes.co.uk)