Common use of Formal Assessment Clause in Contracts

Formal Assessment. The player will be given at least four weeks’ notice that they are required to attend a Formal Assessment. The assessment panel will comprise Orchestra Manager and anyone else that the BBC decides is reasonably needed to assess the player’s musical performance. As with any formal meetings arranged during the Formal Procedure, players have the right to be accompanied at the Formal Assessment by an accredited trade union representative or a BBC colleague (other than a practicing lawyer). The player’s companion should be allowed to present the employee’s case at the Formal Assessment. At the player’s request, the BBC will include one independent person (i.e. someone who is not directly involved with the BBC or the player, and who has no knowledge of the under-performance issue in question) to join and advise the assessment panel. The Orchestra Manager will give good faith consideration to the independent person’s advice, but the Orchestra Manager will remain solely responsible for taking all decisions following the assessment. For the assessment, the BBC will select repertoire that it considers reasonable to expect the player to be able to perform in the position they hold, and that has recently been performed by the Orchestra. The Orchestra Manager will give the player written notification of the selected repertoire no later than four weeks prior to the assessment. The possible outcomes of the Formal Assessment will be as stated in the BBC Capability Policy, and may include without limitation: If a final written warning is issued to the player, as stated in the BBC Capability Policy, a Third Capability Meeting will be held to review the player’s musical performance, and the possible outcomes of this meeting may include without limitation: The aim of these guidelines is to ensure that Players, audio-visual production and the orchestra management team successfully work together. Learning projects vary in content, style and inception. Projects produced by the orchestra’s education team will in most cases mean that the television recording will usually be observational and, therefore, reviewing filming requirements is key in order that the object and success of the project is not disturbed. However, projects generated by television production or joint education/television initiatives will require a different and probably collaborative approach - but again the key to success is carefully reviewing filming requirements. The period before filming is the most important in terms of understanding and communicating the TV producer’s plans. This will involve collaboration with members of the management team – this could be with the Learning, Orchestra and/or General Manager – as well as discussion with the group itself– and indeed, individual Players depending on their level of personal involvement in the programme. From the start, programme makers should be as clear as they can be about the nature of the programme and its purpose. The Orchestras will need to know what the item or programme is about and what kind of contribution the group or individuals will be expected to make to it. The producer should have a single contact within the Orchestra management team and this person should be responsible for communicating the details of the aims and aspirations of the producer to the Orchestra. The producer will also need to communicate any changes in plans (both before and during filming) to their Orchestra contact and this same person should attend the filming to help liaise between the production and the Players. Most Players in the Orchestras are familiar with the production of music programmes or news and documentary crews filming excerpts from concerts and rehearsals. Best practice in this area includes: • Describing the intended look and style of the programme • Describing how the production will be filmed, e.g. o will a camera script be used or not o the type of cameras & how they will be used e.g. handheld – fixed position – crane (in the case of camera cranes ensuring that there is enough room above the head and/or top of the instrument when played if the crane is to be swung over the orchestra) o where there is no camera script and the recording will be mainly or totally by handheld camera early discussion about dealing with any sensitivities regarding filming solo or difficult passages • ensuring any special lighting for television does not impede the Player from reading their music or seeing the conductor or their colleagues • taking care not to be in a Player’s sightline both to the conductor and their colleagues • taking care not to be excessively intrusive by keeping noise levels as low as possible & using unobtrusive recording techniques. Good practice in this area includes -

Formal Assessment. The player will be given at least four weeks’ notice that they are required to attend a Formal Assessment. The assessment panel will comprise Orchestra Manager and anyone else that the BBC decides is reasonably needed to assess the player’s musical performance. As with any formal meetings arranged during the Formal Procedure, players have the right to be accompanied at the Formal Assessment by an accredited trade union representative or a BBC colleague (other than a practicing lawyer). The player’s companion should be allowed to present the employee’s case at the Formal Assessment. At the player’s request, the BBC will include one independent person (i.e. someone who is not directly involved with the BBC or the player, and who has no knowledge of the under-performance issue in question) to join and advise the assessment panel. The Orchestra Manager will give good faith consideration to the independent person’s advice, but the Orchestra Manager will remain solely responsible for taking all decisions following the assessment. For the assessment, the BBC will select repertoire that it considers reasonable to expect the player to be able to perform in the position they hold, and that has recently been performed by the Orchestra. The Orchestra Manager will give the player written notification of the selected repertoire no later than four weeks prior to the assessment. The possible outcomes of the Formal Assessment will be as stated in the BBC Capability Policy, and may include without limitation: - No further action - Extension of the Improvement Plan - Final written warning. If a final written warning is issued to the player, as stated in the BBC Capability Policy, a Third Capability Meeting will be held to review the player’s musical performance, and the possible outcomes of this meeting may include without limitation: The aim of these guidelines is - No further action - Redeployment to ensure that Players, audio-visual production and the orchestra management team successfully work together. Learning projects vary in content, style and inception. Projects produced by the orchestra’s education team will in most cases mean that the television recording will usually be observational and, therefore, reviewing filming requirements is key in order that the object and success of the project is not disturbed. However, projects generated by television production or joint education/television initiatives will require a different and probably collaborative approach another position; - but again the key to success is carefully reviewing filming requirements. The period before filming is the most important in terms of understanding and communicating the TV producer’s plans. This will involve collaboration Dismissal with members of the management team – this could be with the Learning, Orchestra and/or General Manager – as well as discussion with the group itself– and indeed, individual Players depending on their level of personal involvement in the programme. From the start, programme makers should be as clear as they can be about the nature of the programme and its purpose. The Orchestras will need to know what the item or programme is about and what kind of contribution the group or individuals will be expected to make to it. The producer should have a single contact within the Orchestra management team and this person should be responsible for communicating the details of the aims and aspirations of the producer to the Orchestra. The producer will also need to communicate any changes in plans (both before and during filming) to their Orchestra contact and this same person should attend the filming to help liaise between the production and the Players. Most Players in the Orchestras are familiar with the production of music programmes or news and documentary crews filming excerpts from concerts and rehearsals. Best practice in this area includes: • Describing the intended look and style of the programme • Describing how the production will be filmed, e.g. o will a camera script be used or not o the type of cameras & how they will be used e.g. handheld – fixed position – crane (in the case of camera cranes ensuring that there is enough room above the head and/or top of the instrument when played if the crane is to be swung over the orchestra) o where there is no camera script and the recording will be mainly or totally by handheld camera early discussion about dealing with any sensitivities regarding filming solo or difficult passages • ensuring any special lighting for television does not impede the Player from reading their music or seeing the conductor or their colleagues • taking care not to be in a Player’s sightline both to the conductor and their colleagues • taking care not to be excessively intrusive by keeping noise levels as low as possible & using unobtrusive recording techniques. Good practice in this area includes -notice.

Formal Assessment. The player will be given at least four weeks’ notice that they are required to attend a Formal Assessment. The assessment panel will comprise Orchestra Manager and anyone else that the BBC decides is reasonably needed to assess the player’s musical performance. As with any formal meetings arranged during the Formal Procedure, players have the right to be accompanied at the Formal Assessment by an accredited trade union representative or a BBC colleague (other than a practicing lawyer). The player’s companion should be allowed to present the employee’s case at the Formal Assessment. At the player’s request, the BBC will include one independent person (i.e. someone who is not directly involved with the BBC or the player, and who has no knowledge of the under-performance issue in question) to join and advise the assessment panel. The Orchestra Manager will give good faith consideration to the independent person’s advice, but the Orchestra Manager will remain solely responsible for taking all decisions following the assessment. For the assessment, the BBC will select repertoire that it considers reasonable to expect the player to be able to perform in the position they hold, and that has recently been performed by the Orchestra. The Orchestra Manager will give the player written notification of the selected repertoire no later than four weeks prior to the assessment. The possible outcomes of the Formal Assessment will be as stated in the BBC Capability Policy, and may include without limitation: - No further action - Extension of the Improvement Plan - Final written warning. If a final written warning is issued to the player, as stated in the BBC Capability Policy, a Third Capability Meeting will be held to review the player’s musical performance, and the possible outcomes of this meeting may include without limitation: - No further action - Redeployment to another position; - Dismissal with notice. The aim of these guidelines is to ensure that Players, audio-visual production and the orchestra management team successfully work together. Learning projects vary in content, style and inception. Projects produced by the orchestra’s education team will in most cases mean that the television recording will usually be observational and, therefore, reviewing filming requirements is key in order that the object and success of the project is not disturbed. However, projects generated by television production or joint education/television initiatives will require a different and probably collaborative approach - but again the key to success is carefully reviewing filming requirements. The period before filming is the most important in terms of understanding and communicating the TV producer’s plans. This will involve collaboration with members of the management team – this could be with the Learning, Orchestra and/or General Manager – as well as discussion with the group itself– and indeed, individual Players depending on their level of personal involvement in the programme. From the start, programme makers should be as clear as they can be about the nature of the programme and its purpose. The Orchestras will need to know what the item or programme is about and what kind of contribution the group or individuals will be expected to make to it. The producer should have a single contact within the Orchestra management team and this person should be responsible for communicating the details of the aims and aspirations of the producer to the Orchestra. The producer will also need to communicate any changes in plans (both before and during filming) to their Orchestra contact and this same person should attend the filming to help liaise between the production and the Players. Most Players in the Orchestras are familiar with the production of music programmes or news and documentary crews filming excerpts from concerts and rehearsals. Best practice in this area includes: • Describing the intended look and style of the programme • Describing how the production will be filmed, e.g. o will a camera script be used or not o the type of cameras & how they will be used e.g. handheld – fixed position – crane (in the case of camera cranes ensuring that there is enough room above the head and/or top of the instrument when played if the crane is to be swung over the orchestra) o where there is no camera script and the recording will be mainly or totally by handheld camera early discussion about dealing with any sensitivities regarding filming solo or difficult passages • ensuring any special lighting for television does not impede the Player from reading their music or seeing the conductor or their colleagues • taking care not to be in a Player’s sightline both to the conductor and their colleagues • taking care not to be excessively intrusive by keeping noise levels as low as possible & using unobtrusive recording techniques. Good practice in this area includes -