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  • titleOrganisational - Four Corners ACCTT Workshop Declaration, June 1984
  • typearticle
  • descriptionA booklet explaining the declaration required for ACTT approval for production units for film and tape-work
• descriptionA booklet explaining the declaration required for ACTT approval for production units for film and tape-work
• title_for_layoutOrganisational - Four Corners ACCTT Workshop Declaration, June 1984
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    • archiveFour Corners Bishopsgate
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    • authorAssociation of Cinematograph, Television and Allied Technicians
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    • tagsworkshop,film production,administration
    • titleOrganisational - Four Corners ACCTT Workshop Declaration, June 1984
    • subtitleA booklet explaining the declaration required for ACTT approval for production units for film and tape-work
    • dimension11
    • ocr1
    • copyrightAssociation of Cinematograph, Television and Allied Technicians
    • creditsBFI, Channel Four, Regional Arts Associations, Independent Film and Video Association
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    • origination_date1984
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    • pdf_textWORKSHOP DECLARATION H WTO APPLY FO A W R O O R O KSH P FRAN H FRO ACTT C ISE M What is the Declaration? The Workshop Declaration is an agreement between the BFI, Channel Four, the Regional Arts Associations,’ the Independent Film and Video Association and the ACTT which ensures ACTT approval for properly funded and staffed production units who want to engage in non-commercial and grant-aided film and tape work. Those who seek to work under the Declaration should have a track-record of activity in the grant-aided and independent sector. Workshops must also be democratically controlled by those who work within them and any surpluses earned must be used for futher Workshop production. Their programme of work should cover a range of activities grouped around production and aim to develop audiences, research, education and community work in the widest sense. Applications are not specifically confined to those in receipt of public funds and may include groups with a cultural policy who feel that they might qualify under the terms of the Workshop Declaration. All these requirements are clearly indicated in the Declaration. The first step The first step is to get a copy of the Declaration. Copies are available free of charge from ACTT’s Head Office. Read the Declaration carefully. The Union will want to be absolutely sure that your planned Workshop meets all of the requirements of the Declaration. The requirements fall into four broad areas: a) The constitution of the Workshop and the structure for workers democractic control. (Co-operative, partnership, company limited by guarantee are among legal structures in use by Workshops.); b) The personnel within the Workshop and their track-records; c) The programme of work that the Workshop plans to carry out; d) The sources and levels of funding which have been obtained. The ACTT or NOW are willing to give assistance to groups interested in applying, particularly in regard to point a). A Full Franchise This information should be provided to the Union in advance and in writing. When the Union has carefully considered the information, a potential Workshop has provided, it may ask the members of the Workshop to attend a Committee of Union members from the sector to clarify, supplement or discuss the application. When the Union is satisfied that the application meets the principles and practices in the Declaration, it will recognise the Workshop by granting it a franchise to operate. This is called a full franchise. Provisional Franchising Where there is real difficulty in obtaining adequate funding but the Union is satisfied that the constitution, personnel and programme of work are in line with the Declaration, then the Union may at its discretion grant a provisional franchise which means that the Union approves the proposals, subject to the applicants raising the funding. In the past this has proved very valuable to groups in arguing for funding. Clearly, a provisionally franchised group can’t work under the Declaration until it has the resources to do so, but if you face this problem then you can apply to the Union for a provisional franchise. If you succeed in raising the necessary funding, then the Union will normally grant a full franchise automatically. A Powerful Network The Union believes that the Declaration marks a huge stride forward in creating the continuity which is vital to build a powerful network of production groups with enough resources to make a real impact on our industry, media and society. Good Luck with your efforts to create a Workshop. If you want to contact the National Organisation of Workshops (NOW), have any further enquiries or need advice, please write to Roy Lockett, deputy General Secretary at ACTT, 2 Soho Square, London W1V 6DD. G RANT-AIDED W R O O KSH P PR D C N DEC ATIO O U TIO LAR N P ro m u lg ated by th e A C TT in co n su ltatio n w ith th e re p re s e n ta tiv e s of th e English R egional A rts A sso ciatio n s and th e W elsh A rts C ouncil, th e C hannel Four T elevision C om pany and th e B ritish Film In s titu te . (R evised M arch 198 4). The English Regional Arts Associations, the Welsh Arts Council, Channel Four Television and the British Film Institute undertake to make the terms and conditions of employment contained in this Declaration, reached after full consultation and discussion between them and the Union, a condition of grant-aid to such Workshops or other organisations recognised by the Union under the provisions of this Declaration and to observe and promote the principles contained in the Declaration. I Workshops and other organisations eligible for accreditation under this Declaration shall be exclusively those whose sources of revenue funding are derived from public bodies, charities and other organisations and individuals, where it is explicitly stated and understood that funding is provided on a totally non-commercial and non-profit distributing basis. Disputes on the definition of eligibility in individual cases shall be adjudged by a National Committee of representatives of the organisations named in the preamble to this Declaration, whose majority decision shall be given serious weight by the ACTT, with whom the responsibility of a final decision will lie. The funding bodies shall derive no commercial or other monetary entitlements in any of the productions emanating from any Workshop or other organisation operating under the provisions of this Declaration. Specifically no funding body shall demand, expect or be granted any rights in the commercial exhibition or distribution of any production made under this Declaration, or any similar subsidiary rights relating to activities supplementary to that production. Revenue and capital funding bodies shall however, reserve the right to reclaim up to the level of each grant in each case where the need for such a grant cannot be demonstrated. 2 4 The Union and the other parties consulted in drawing up this Declaration, do so in the explicit belief and with the explicit intention of encouraging the cultural, social and political contribution made to society by the grant-aided and non­ commercial production activities historically undertaken by persons and organisations in this sector. In recognition of the specifically non­ commercial character of the work undertaken in this sector no Workshop or organisation shall be eligible to operate under the provisions of this Declaration unless they are able to satisfy the Union that they are non-profit distributing and that any surpluses generated by their production activities shall be wholly reinvested in the activities and infrastructure of the Workshop or organisation and shall not be distributed to persons or organisations in the form of dividends, gratuities or other supplementary payments not related to the payments specified under the provisions of this Declaration. Funds remaining upon the dissolution of any recognised Workshop or other organisation once members’ legitimate claims have been met shall be used to benefit only non-profit distributing organisations of the same or similar aims and objectives. Any Workshop or organisation fulfilling these basic conditions, which may not be varied, and properly able to observe the other provisions in this Declaration to the satisfaction of the Union, may apply to the Union for recognition as a proper Workshop or organisation under this Declaration. After consultation with those organisations integral to the 5 formulation of this Declaration, the Union shall at its own discretion, grant the right to operate under this Declaration. Recognising the diverse character of public and other funding arrangements in the grant-aided sector, the Union shall recognise the Workshop or other organisation for a period of one year, two years or three years. Prior to the expiry of these periods, a Workshop or organisation may re-apply to operate for a further fixed term under this Declaration which shall normally be granted where the financial, organisational and other circumstances of the Workshop or other organisation remain substantially unchanged. Further to the foregoing provisions, all rights in productions originated by the permanently employed staffs within a Workshop or other organisation recognised under this Declaration shall be held collectively by those staffs and all contractual arrangements shall be approved collectively by the staffs employed under the terms of this Declaration within any Workshop or other organisation. At the discretion of the recognised Workshop or other organisation this provision may apply to ancilliary staff members who may, subject to the agreement of the Union, be members of other appropriate trade unions. Any Workshop or other organisation shall provide the Union with a written undertaking, see appendix A, committing themselves to accept, without exception the above provisions and those which follow. Al I permanently employed staffs within a Workshop or other organisation shall be held individually and jointly responsible as members of the Union for the proper observation of the provisions of this Declaration. Failure to honour the terms of that written under­ taking shall result in the withdrawal of Union recognitioin from any such Workshop or other organisation. Notwithstanding the foregoing provisions, where a production by any recognised Workshop or other organisation is subsequently considered for commercial exhibition or distribution by any person or company or other body, the Workshop or other organisation shall first obtain the approval of the Union for such use of a production which shall not be granted unless until a sum of money is paid to the Union equivalent to the difference in cost of production under the provisions of this Declaration and the cost of production under the full terms and conditions of the appropriate ACTT Agreement. Recognising that this Declaration makes special and beneficial provisions for permanently employed staffs in the cultural and grant-aided sector, and further recognising the special’ status of productions by Workshops and other organisations recognised under this Declaration, the Union has established through agreement with Channel Four Television, Quota arrangements limiting the number of hours of grant-aided regional production which may be screened by the Fourth Channel each year. Production by recognised Workshops or other organisations are covered by these Quota arrangements. 3 4 5 6 Further to the above conditions for recognition under this Declaration, where the Union deems this necessary, any Workshop or organisation so recognised shall agree to provide to a properly qualified person or persons nominated by the Union a proper balance sheet and audited statement of accounts in order to demonstrate that the conditions specified in the preamble to this Declaration are fully and properly adhered to. Any Workshop or other organisation shall be asked to contribute an agreed sum in order to finance this necessary service. The Union undertakes to make such audited accounts and any written assessments of them available to the other organisations named in the preamble to this Declaration. 7 8 9 6 ^ f ^ N o less than four members of ACTT shall normally be I regularly employed in a recognised Workshop or other Sjj I organisation under this Declaration. Regular employment ■ B a r shall be on the basis of one, two and three year contracts in accordance with the arrangements specified earlier in this Declaration. The terms and conditions of employment of these ACTT members shall be no less favourable than the provisions stated in this Declaration and shall cover salary, insurance, holiday entitlements and such other matters as are specified subsequently. Where a Workshop or other organisation is still engaged in generating sufficient funding, in accordance with Clause 2. above, but is otherwise able to satisfy all other provisions of this Declaration required for recognition by the Union, that Workshop or other organisation shall be entitled to apply to the Union for provisional franchising which constitutes interim recognition by the Union which the Union may grant at its discretion. In the event that the provisionally franchised Workshop or other organisation subsequently succeeds in developing a level of funding appropriate to the fulfilment of the obligations given to the Union when provisional franchising was obtained, they shall inform the Union who, in the event that they are satisfied in relation to the sources and level of funding, shall grant the Workshop or other organisation full recognition. No Workshop or other organisation may engage in any production or related activity under the provisions of this Declaration until they have received full recognition under this Declaration. j§sA|Where a Workshop or other organisation seeking recognition under this Declaration includes among its f proposed regularly employed staff individuals who are not I m«m members of the Union, those persons shall be required to obtain Union membership under such terms as the Union’s rules and membership shall determine. The Union undertakes not to withhold such membership. ^k Recognising the cultural nature of the work undertaken -W under this Declaration, the Union may at its distrection I permit a Workshop or other organisation to employ nonI members on certain projects or programmes of work, who shall be employed on a non-regular basis in accordance with the salary schedule contained in this Declaration. ML Workshops and other organisations recognised under this 7 Mm Declaration, shall be production-oriented, i.e. they shall be I £ M | organisations expressly constituted for the purpose of I engaging in production. It is, however, recognised that in the cultural and grant-aided sector a range of other activities have and will continue to constitute important elements in the practices characteristic of the sector. These supplementary activities may include exhibition, education, distribution, administration, research or any other activity seen as necessary but supplementary to the central activity of production. Union members engaged under the provisions of this Declaration may continue to engage in these activities in addition to engaging in production, except where inter-Union relationships may require consultation with other bodies. ■ ■ Recognition under this Declaration shall, in addition to all jjjilgi other provisions specified in this Declaration, require any ; I ” V Workshop or other organisation seeking recognition to I demonstrate to the satisfaction of the Union a record of past production and supplementary activities in the grant-aided and cultural sector which indicate a genuine and ongoing commitment to the specific objectives, practices and output of the sector. In recognition of the integrated nature of the activities specified in Clause 14 above, the Union recognisesthat it is ' I ■ necessary and proper that any regularly employed staff ■ mSF member operating within a recognised Workshop or other organisation shall be free to engage in any of these activities and may perform with the agreement of the member and the consent of the other regularly employed members within the recognised Workshop or other organisation, any role in relation to the pre-production, production, and post-production activity. ^k ■ ■ S a la r ie s : Members regularly employed under the K provisions of this Declaration shall receive a salary in K accordance with the standard salary scale under this I m Declaration as annually revised - in accordance with the cost-of-living provisions in Clause 23 - and circulated by the Union. Freelance Employment: Any member employed on a nonmJP regular i.e. freelance or short term contract basis, on any I ig fja production by a recognised Workshop or other I ^ ta r organisation shall receive a daily rate/weekly salary not less than 20% above the standard salary scale under this Declaration, as annually revised and circulated by the Union. When employed on a 8 c o n tr a c t o f s ix m o n th s o r lo n g e r, th e s a la ry b a s is s h a ll b e 10% a b o v e th e s ta n d a rd s a la ry as d e fin e d in C la u s e 17 a b o v e . ^ J o b S h a r in g : W ith th e p r io r a p p ro v a l o f th e U n io n a n d w ith l l fu ll p ro -r a ta e n title m e n t u n d e r th e p ro v is io n s o f th is D e c la r a tio n , a r e c o g n is e d W o rk s h o p o r o th e r o rg a n is a tio n I ^ 0 m a y r e g u la r ly e m p lo y tw o m e m b e rs to u n d e r ta k e th e fu n c tio n s n o r m a lly p e r fo r m e d by a s in g le m e m b e r. ^ ^ ^ ^ H o l i d a y s : H o ld ia y e n title m e n t s h a ll b e b a s e d u p o n 25 I w o r k in g d a y s p lu s p u b lic h o lid a y s in a n y o n e y e a r fo r w h ic h I fu ll p a y m e n t o f s a la ry s h a ll b e m a d e . M e m b e rs e m p lo y e d 0 tl^ W 0 n o n -r e g u la r ly by a n y re c o g n is e d W o rk s h o p o r o th e r o r g a n is a tio n s h a ll re c e iv e p a y m e n ts b a s e d u p o n p r o -r a ta e n t itle m e n t fo r th e to ta l p e rio d o f n o n -r e g u la r e m p lo y m e n t. 0 ^^M * S u b - c o n t r a c tin g b e tw e e n r e c o g n is e d W o rk s h o p s o r o t h e r O r g a n is a tio n s : W h e re a m e m b e r r e g u la r ly e m p lo y e d I u n d e r th is D e c la r a tio n a g re e s to s e c o n d m e n t to a n y o th e r M r e c o g n is e d W o rk s h o p o r o th e r o r g a n is a tio n to e n g a g e in a p r o d u c tio n fo r th a t W o rk s h o p o r o th e r o rg a n is a tio n , th e m e m b e r s h a ll c o n tin u e to b e e m p lo y e d u n d e r th e te r m s a n d c o n d itio n s o f e m p lo y m e n t p e r ta in in g to r e g u la r ly e m p lo y e d m e m b e rs , p lu s a n y s u p p le m e n ta r y a llo w a n c e s s p e c ifie d s u b s e q u e n tly in th is D e c la ra tio n . T h e W o rk s h o p o r o th e r o r g a n is a tio n b y w h o m th e m e m b e r is re g u la rly e m p lo y e d s h a ll m e e t th e m e m b e r ’s s a la ry d u r in g th e s e c o n d m e n t an d s h a ll b e p r o m p tly a n d fu lly re im b u r s e d by th e W o rk s h o p o r o th e r o r g a n is a tio n to w h o m th e m e m b e r is s e c o n d e d . W o rk in g W e e k : S u b je c t to th e c o n s e n t o f th e m e m b e rs r e g u la r ly e m p lo y e d by th e r e c o g n is e d W o rk s h o p o r o th e r f f o r g a n is a tio n , th e s ta n d a rd w o r k in g w e e k o f 35 h o u rs s h a ll b e w o rk e d f le x ib ly b e tw e e n th e h o u rs o f 07.00 a n d 19.00 a t th e d is c r e tio n o f th e W o rk s h o p o r o th e r o rg a n is a tio n . 0 ^ 0 ^ O v e r tim e : A n y h o u rs o u ts id e o f th e a g re e d p a tte r n o f 35 ™JP - 0 h o u rs w o r k in g d e c id e d by th e m e m b e rs , s h a ll b e p a id a t o n e a r|d a h a lf tim e s th e s ta n d a rd h o u rly ra te u n d e r th is D e c la r a tio n a n d p ro -r a ta fo r n o n - r e g u la r a n d s h o rt te r m c o n tr a c t m e m b e rs . O v e r tim e s h a ll n o t e x c e e d 20 h o u rs in a n y o n e w eek. g C o s t o f L iv in g B o n u s : T h e s a la ry s tr u c tu r e s p e c ifie d a b o v e s h a ll b e in c re a s e d a n n u a lly by ta k in g an a v e ra g e o f th e m o n th ly R e ta il P ric e I n d e x f ig u r e s f o r t h e p r e c e d in g tw e lv e m o n th s (F e b ru a r y to J a n u a ry ) a n d c a lc u la tin g th e p e rc e n ta g e in c re a s e in th is a v e ra g e a g a in s t th e a v e ra g e fo r fo llo w in g tw e lv e m o n th s ; s a la rie s s h a ll b e in c re a s e d by th e a p p r o p r ia te p e rc e n ta g e . T h e J a n u a ry R e ta il P ric e In d e x fig u r e w ill b e th e fin a l f ig u r e a n d is p u b lis h e d in F e b ru a ry . T h e in c re a s e w ill b e p a id fro m th e a n n iv e rs a ry d a te o f th is D e c la ra tio n , i.e. th e f ir s t w e e k in M a rc h . M E x p e n s e s : A n y e x p e n s e s in c u r r e d by m e m b e rs in th e p u r s u it o f p r o d u c tio n o r r e la te d a c tiv itie s by W o rk s h o p s o r o th e r o r g a n is a tio n s s h a ll b e r e im b u r s e d o n th e p r e s e n ta tio n o f in v o ic e s . 25 26 27 28 29 A llo w a n c e s : M e a l a llo w a n c e s fo r lo c a tio n s o u ts id e an d in s id e t h e U K s h a ll b e p a id o n th e f o llo w in g s c a le : B re a k fa s t........................................ £ 2 :2 6 L u n c h ............................................. £ 4 :5 2 S u p p e r .......................................... £ 5 :6 5 T r a v e l: M e m b e rs e m p lo y e d u n d e r th is D e c la r a tio n s h a ll be e n title d to a m ile a g e a llo w a n c e o f n o t le s s th a n 15p p e r m ile o r s e c o n d c la s s ra il fa re . O th e r A llo w a n c e s : A ll o th e r a llo w a n c e s s h a ll b e in a c c o rd a n c e w ith th e p ro v is io n s o f th e B F P T A /IP P A A g r e e m e n t fo r D o c u m e n ta ry a n d S p e c ia lis e d F ilm in g . W r ite r s : W h e re a w r it e r is c o m m is s io n e d w h o is n o t a p e rm a n e n t m e m b e r o f a n y r e c o g n is e d W o rk s h o p o r o th e r o r g a n is a tio n , th e B F P T A /IP P A A g re e m e n t fo r D o c u m e n ta ry a n d S p e c ia lis e d F ilm in g s h a ll a p p ly . 0 ^ 0 ^ E q u a l O p p o r t u n ity : T h e p a rtie s to th is D e c la r a tio n a re ■ I c o m m itte d to th e d e v e lo p m e n t o f p o lic ie s to p r o m o te e q u a l o p p o r tu n itie s re g a rd le s s o f th e w o r k e r ’s sex, m a rita l ^ 0 ^ 0 s ta tu s , c re e d , c o lo u r, ra c e o r e th n ic o r ig in s . T h e p r in c ip le w ill a p p ly in re s p e c t o f a ll c o n d itio n s o f w o rk , in c lu d in g pay, h o u rs o f w o rk , h o lid a y e n title m e n t, o v e r tim e a n d s h ift w o rk , w o rk a llo c a tio n guaranteed earnings, sick pay, pensions, recruitment, training, promotion and redundancy. The Workshops and other organisations operating under the provisions of this Declaration undertake to draw opportunities for training and promotion to the attention of eligible members and to inform all members of this agreement on equal opportunities policy. In this respect, they agree to place the following clause in all advertisements: The Workshop/practice/etc. is an equal opportunity employer. Applications are welcome from candidates, regardless of marital status, race, nationality, disablement, ethnic or national origins, or sex’. The parties agree that they will review on a regular basis through their joint machinery the operation of this equal opportunities clause. If any member considers that they are suffering from unequal treatment on the grounds of sex, marital status, creed, colour, race or ethnic origins, they may make a complaint which will be dealt with in accordance with the principles of Clause 25 of the BFPTA/ IPPA Agreement for Documentary and Specialised Filming. Recognising that this Declaration has been formulated to acknowledge the I specific and exceptional conditions prevailing in the H cultural and grant-aided sector and is designed to encourage the development and growth of stability and permanent employment in this sector, it would clearly be improper for a significant proportion of any recognised Workshop or other organisation’s output to be directed towards work customarily undertaken under the full provisions of other Union agreements. Any such work must be carried out only after obtaining the approval of the Union and under the full provisions of the relevant Agreement. Other Union Agreements: ^iaternity/Paternity Provisions: M 2. Paragraph 3 of this Declaration will apply to all female employees who have not less than one year’s continuous service with an employer at the beginning of the eleventh week before the expected week of confinement. 3. M aternity Provisions: /. In itia l obligations on the employee: (a) Continues to be employed by an employer (whether or not she is at work) until immediately before the beginning of the eleventh week; j (b) Notifies the employer, in writing if requested, at least three weeks before her absence begins (or, if that is not reasonably practicable, as soon as is reasonably practicable) that she will be absent, stating; (i) the date her absence will begin; and (ii) if intending to return to work for the employer, her intention to do so. (c) Does not remain at work of certified medically unfit to do so; (d) If requested by the employer to do so, produces a certificate from a registered medical practitioner or a certified midwife stating the expected week of confinement. ii. Rights o f employee to tim e off work. If complying with i. above and if intending to return to work: Other Provisions: Where any issue or matter of relevance to the operation of any approved Workshop or other organisation is not specified in this Declaration, the provisions of the BFPTA/IPPA Agreement for Documentary and Specialised Filming shall apply. Continuity of Service: Notwithstanding any other provision of this Declaration and in conformity with Clause 32, holiday entitlement and sick pay shall be based on continuity of service with one or more recognised Workshops. 1 1. For the purposes of this Declaration, ‘employer’ m any Workshop or organisation covered by the terms of this Declaration and a ‘break in service’ is a period spent otherwise than in employment with an employer, except that a period of less than three calendar months between the termination and a resumption of such employment shall not be regarded as a break in service. (a) To have 26 weeks leave of absence with pay (see under ix. below). (A week’s pay will require separate definition); (b) To commence her leave of absence not earlier than eleven weeks before the expected week of confinement; (c) To remain absent for up to 52 weeks counting from the beginning (i.e. the Saturday/Sunday night) of the week in which her confinement occurs. iii. Alternative employment during pregnancy: Where, in the period prior to the eleventh week before the expected week of confinement, an employee is, in the opinion of a registered medical practitioner, incapable of carrying out all or part of her duties; or where the employer and the registered medical practitioner consider that she or the unborn child would be at risk were she to continue in her normal duties, but the employee is not advised to refrain from work by a registered medical practitioner, then the employer shall provide alternative work for which she should receive her normal rate of pay, even though the work done might normally attract a lower rate of pay. This provision shall only continue after the eleventh week before the expected week of confinement by mutual agreement between the employee and her employer. iv. The employer shall agree that the employee may return to work for fewer hours than those worked prior to the confinement and/or that the hours may be reallocated. v. Where a confinement occurs prior to the eleventh week before the expected week of confinement, maternity leave shall commence from the beginning of the actual week of confinement; prior absence, supported by a medical statement of incapacity for work, shall be treated as sick leave in accordance with the sick leave agreement. If the employee has worked in the actual week of confinement and is therefore entitled to payment in respect of the work done, the maternity leave shall commence from the first day of absence in the week of confinement. vi. An employee whose confinement has occurred prior to the eleventh week before the expected week of confinement may choose to split her maternity leave entitlement, taking a short period of leave immediately after confinement and then returning to work to take the balance of leave following the child’s discharge from hospital. vii. The Right return to work: (a) To return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent. Job’, for this purpose, means the nature of the work which she is employed to perform and the capacity and place in which she is so employed; (b) When a member declares her intention to return to work before taking maternity leave, then the principle of continuing employment shall be exercised in respect of rights. Any other benefits which depend on continuous employement shall also be maintained. viii. Exercise of the rig h t to return to work: (a) To notify the employer, at least one week before the day on which she proposes to return, of the date of her intended return; (b) Having herself notified her date of return, the employee may postpone it if, before the notified date of return, she gives the employer a doctor’s statement stating that she will be incapable of work; (c) If she has not notified her date of return, the employee may similarly postpone her return after the end of the 52 week period referred to in ii (c) above by submitting a doctor’s statement before the expiry of that period; (d) If, because of an interruption of work (whether due to industrial action or some other reason) it is unreasonable to expect the employee to return on the notified day, she may instead return when work resumes, or as soon as reasonably practicable thereafter; (e) If no date of return has been notified and there is an interruption of work (whether due to industrial action or some other reason) which makes it unreasonable to expect the employee to return to work before the end of the 52 week period referred to in ii.(c) above, and in consequence the employee does not notify a date of return, she may exercise her right to return by giving at least one week’s notice to the employer that she intends to return at any time before the end of 14 days from the end of the interruption. ix. M aternity Pay: (a) Whether or not returning to work and having complied with the obligations in i. above (other than the statement of intention to return to work) the employee’s entitlement shall be, for the first six weeks of absence, full pay less the amount of the flat-rate national insurance maternity allowance payable for each week; (b) Additionally, if having declared her intention to return to work in accordance with i. above, for each of the next 20 weeks of absence, maternity pay as follows: (i) For the first 10 weeks of absence (7th to 16th weeks) full pay, less the amount of the flat rate national insurance maternity allowance payable for each week; and (ii) For the next 10 weeks of absence (17th to 26th weeks) half pay without the deduction of any element of national insurance benefits except to the extent to which the combined pay and benefits (i.e. flat rate maternity allowance, earnings related supplement and any dependants’ allowances) may exceed full pay. Employees exercising their right to be exempted from the payment of full rate national insurance contributions shall be deemed to be insured in their own right, and the allowances mentioned above shall be deducted as if full contributions had been paid. x. Relationship with the Sickness Pay Scheme (a) Maternity leave will not be treated as sick leave and will not therefore betaken into accountfor the calculation of the period of sick leave entitlement in accordance with the sick leave provisions; (b) In the event of its being necessary for the employee’s absence to exceed three days’ duration, the employer may request, on the fourth day of absence, a doctor’s statement indicating the need for the employee, as parent of the child, to be absent from duty; (b) If the employee fails to return to work on the notified date and submits a doctor’s statement, the provisions of the sickness payment scheme shall apply to her absence. (c) Time-off with pay will be granted to attend any child care clinics in respect of post-natal innoculations and required post-natal examinations. Application for attendance at the clinics must be made in advance. xi. Infant Mortality: (a) If, within six months of the date of confinement, the child dies, the employee shall be entitled to remain absent for a period of four weeks following the date of death. The employee shall continue to receive full for half pay, as appropriate, in accordance with paragraph ix (a) and (b), but in the event of the entitlement having ceased, shall be paid at full pay for these four weeks. Further time off may be granted with or without pay at the employer’s discretion; (b) Where an employee has indicated her intention not to return to work, but, as a result of the child’s death within six months of the date of confinement, wishes to return to work, it will be deemed that her resignation be cancelled if she gives notice of return to work before the end of the period of 35 weeks after the date of confinement. 4. Paternity Leave (a) Any male employee is entitled to paid paternity leave to attend the birth of a child of whom he is the father, provided that application has been made in advance; (b) All male employees are entitled to two weeks paid paternity leave to be taken anytime during the 18 weeks commencing 11 weeks before the expected confinement, provided that application has been made in advance. This provision is in addition to (a) above. The employer shall have discretion, in exceptional circumstances, to allow a further week’s leave. (c) Male employees shall be allowed time off with pay to attend ante­ natal or child-care clinics for up to 10 attendances. Further time off for other necessary attendances may be allowed at the discretion of the employer. 5. Leave of Absence for Child Care Provisions (a) When the child of an employee is sick and it is necessary for that employee to absent themself from duty so as to remain at home with the child or to take the child to a doctor or hospital, the employer shall have discretion to grant leave with pay for such absence, having considered the circumstances. Such leave of absence shall not be unreasonably refused; 6. Employees on Fixed Term Contracts Employees subject to fixed-term or training contracts which expire after the eleventh week before the expected week of confinement and before six weeks after the expected week of confinement shall, subject to satisfying the conditions in paragraph 2 above, have their contracts extended so as to enable them to receive the twenty six weeks paid maternity leave. 7. Adoption Whereas the parties accept that obviously adoption is different from childbirth, it is agreed that provision must be made for an employee who adopts a child. Thus it is agreed: (a) An employee who is adopting a child shall be given up to five days leave with pay for the purposes of undertaking the formalities and procedures necessary prior to adoption. Additional leave may be granted at the discretion of the employer; (b) Following the adoption of a child, one parent shall be granted leave on the basis of the provisions of paragraph 3; (c) Should both parents work for one or more employer, the parents should be able to divide between themselves the entitlements outlined in (a) and (b) above. 8. Attendance at Ante-Natal and Child Care Clinics An employee may absent themself from work without loss of pay to attend an ante-natal or child care clinic in connection with their child or children. Applications to attend the clinic should be made in advance. 9. Statutory Rights Nothing in this Appendix shall be interpreted as qualifying an employee’s statutory maternity rights. Published by the ACCTT, June 1984. Notes
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