http://www.kirklees.nhs.uk/uploads/tx_galileodocuments/Agreement_on_Facilities_and_Time_Off

Agreement Regarding Facilities and Time Off for Recognised Representatives of Staff Organisations

Responsible Directorate: Responsible Director: Date Approved: Committee:

Human Resources & Organisational Development Director of Human Resources & Organisational Development 28 October 2009 Partnership Forum, Board (Kirklees), RTSC (Calderdale),

NICE GUIDANCE Once NICE guidance is published, health professionals are expected to take it fully into account when exercising their clinical judgment. However, NICE guidance does not override the individual responsibility of health professionals to make appropriate decisions according to the circumstances of the individual patient in consultation with the patient and/or their guardian or carer.

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Agreement Regarding Facilities and Time Off for Recognised Representatives of Staff Organisations 1 Laura Campbell HR&OD Shared Service Team 0.4 10 August 2009 3 years from date of approval Assistant Director of Workforce / HR All PCT employees, via Intranet http://www.kirklees.nhs.uk/ http://www.calderdale-pct.nhs.uk/ None

Standard for Better Health Map Domain: Core Standard Reference: Performance Indicators:

Domain 3: Governance C8, C7, C11

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Contents

Section 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Policy statement Introduction Scope of the Agreement Accreditation of Staff Organisation Representatives Entitlement to Time Off with Pay for Trade Union Duties Entitlement to Time off Without Pay for Trade Union Activities.

Facilities For Trade Unions Meetings in Working Hours Training of Trade Union Officials in Learning, Employee Relations and Health and Safety Access Recruitment of Members Disclosure of Information General Conditions Equality Impact Assessment References

Page 5 5 5 6 7 9 9 10 10 11 11 11 11 12 12

Appendices A B C

Definitions Key Stakeholders consulted/involved in the development of the policy/procedure Equality Impact Assessment Tool

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13 14 15

NHS KIRKLEES

AGREEMENT REGARDING FACILITIES AND TIME OFF FOR RECOGNISED REPRESENTATIVES OF STAFF ORGANISATIONS

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Policy Statement The Organisation recognises the importance of robust, constructive two way communication and involvement in matters affecting its staff.

The Organisation and staff organisations have a joint responsibility to ensure that its formal employee relations processes work to mutual advantage by specifying in this Agreement how reasonable time off for union duties and activities and for training will work.

The Organisation recognises that nothing should prevent a part time member of staff from being a trade union representative and being involved in, and undertaking, trade union duties The Organisation will work with staff organisations to encourage members to step forward to take on trade union duties, and to manage those duties in a way that takes into account both the needs of members and service needs.

1.

Introduction

1.1

The Organisation and its staff organisation partners place great importance on two way communication and staff involvement in issues concerning the management of the Organisation.

The Organisation recognises the significant role that staff organisation representatives play and this agreement makes provision for appropriate facilities to enable such representatives to carry out their duties and responsibilities effectively.

2.

Scope of the Agreement

2.1

This agreement applies to trade union representatives, learning representatives and health and safety representatives.

2.2

In this agreement all references to staff organisation representatives shall mean those organisations recognised by the Organisation for the purposes of joint consultation and negotiation, as listed in the recognition agreement.

2.3

Independent Contractors are responsible for the development and management of their own procedural documents and for ensuring compliance with relevant legislation and best practice guidelines. Independent Contractors are encouraged to seek advice and support as required.

3.

Accreditation of Staff Organisation Representatives Page 5 of 16

3.1

Whilst recognising the right of staff organisations to manage their own affairs including the representation of their members, it is agreed that the number of representatives accredited, the size of their constituencies, and the granting of facilities by management will be governed by the following guiding principles:a) All legislation governing the responsibilities of trade unions. b) The national rules of the staff organisation. c) The size of its membership within the Organisation. d) Representatives being able to obtain adequate knowledge and training necessary to satisfactorily perform their roles. e) The Organisation’s health and safety at work policy.

3.2

Representatives appointed in accordance with paragraph 3.1 will be formally recognised by management on receipt of written notification from the appropriate full-time officer, or the appropriate local officer of the recognised staff organisation, detailing the representative’s name, work location, period of office, the constituency represented and the name of the senior representative or official to whom he/she reports or is in contact with. In the case of a senior representative the notification should include details of the scope of his/her authority and the names of the representatives within his/her constituency.

3.3

Notification of the appointment of a representative should be sent to the Director of Human Resources & Organisational Development. Notification of any change in office or constituency within a staff organisation, or ceasing to act in the capacity of a representative will also be the staff organisation’s responsibility.

3.4

The Organisation will upon request, make available reasonable facilities for the election of representatives.

3.5

The staff side organisations will issue credentials to accredited representatives.

The Organisation, in acknowledging notification of representatives, will afford appropriate facilities.

3.6

Trade Unions are encouraged to appoint deputies where possible who will be accredited by management and will act in the absence of the accredited representative. During such absence the deputy will receive the facilities normally granted to the accredited representative.

3.7

The Director of Human Resources & Organisation Development will maintain an appropriate register of recognised representatives and will ensure appropriate managers and supervisors are kept informed of changes and advise them of new appointments so that appropriate facilities can be afforded.

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3.8

Abuse of the facilities in this document shall normally be dealt with through the Organisation’s disciplinary procedure.

The Organisation reserves the right to suspend its recognition of an accredited representative in serious cases where: a) The representative concerned consistently violates procedures agreed at national, regional or local level; or b) The representative consistently abuses the facilities offered by management; c) The conduct, attendance or performance of the representative as an employee causes concern.

4

Entitlement to Time Off with Pay for Trade Union Duties

4.1

Accredited representatives of trade unions having membership in the Organisation will be allowed reasonable time off during working hours subject to service needs for the following (NB: Pay will be as if working normally):a) Local consultation and negotiation with management b) Communicating with members before and after the consultation and negotiation, subject to the prior approval of the head of department in which the members work. c) Meetings with other lay officers or with full-time union officials on matters which are concerned with relations between the Organisation and its employees. d) Interviews with and representation on behalf of members on grievance and disciplinary matters concerning the member and the Organisation in accordance with the agreed procedures. e) Appearing on behalf of members before an outside body such as an employment tribunal, which is dealing with an employee relations matter concerning the Organisation, where such attendance is necessary. f) Preparation for negotiations in respect of collective bargaining (including research and information gathering). g) Meeting with new employees and trade union members to advise them of the role of trade unions within the Organisation and to encourage membership of one of the recognised unions. h) Administration time for undertaking specified activities which facilitate communication between the official and the members in pursuit of good employee relations within the Organisation.

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i) Where acting as a panel member on an Agenda for Change panel or other similar formal panel for determination of appropriate banding of roles within the Organisation. j) Where acting as a Learning Representative, time for consultation, organisation and other duties associated with organisational learning or training activities, provided that this does not duplicate work already undertaken by the Organisation, k) Where acting as a Health & Safety Representative (see Section 8) 4.2

The Organisation does not consider it appropriate to set a minimum or maximum amount of time off but expects the amount to be related to the number of members represented, the extent of trade union duties and the needs of the service. Time off for trade union duties should be discussed and agreed between the representative and their line manager.

4.3

Representatives who hold a part time post with the organisation may, with the agreement of their line manager, arrange to flex their working pattern on occasion, for example by “swapping� their normal working days, in order to accommodate trade union duties that fall on days or times during the working week when the representative would not usually be working.

4.4

It is acknowledged that representatives who are members of consultative groups and / or hold formal posts on staff side committees will require more time off than other representatives.

4.5

Where a representative attends meetings at the request of management outside their normal working hours they will be given time off in lieu or payment.

4.6

The representative concerned will normally give at least one week’s notice to their line manager when requesting time off under these procedures, in order that suitable cover arrangements can be made. It is recognised that in certain situations e.g. attendance at disciplinary interviews this requirement may need to be waived. In giving notice the representative will indicate the nature of the business for which time off is required, the location and the expected period of absence.

4.7

Unions will be expected to allocate duties to their various representatives in such a way as to minimise the disruption of services and to avoid a concentration of requests for time off in particular departments.

4.8

It must be accepted by representatives that this time off must be subject to the exigencies of the service. However, time off will not be unreasonably refused.

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5

Entitlement to Time off Without Pay for Trade Union Activities.

5.1

Members and officials of trade unions are allowed to take reasonable time off during working hours to participate in certain union activities. Such activities, which do not attract payment for time-off might include the following:a) Voting in the election of union officials at the workplace. b) Urgent meetings between officials and members. c) Attendance at branch committee meetings of the union. d) Attendance at national or regional conferences/meetings of the union.

5.2

Accredited representatives who are members of recognised trade unions will be entitled to reasonable time off without pay during working hours for the purpose of taking part in staff organisation activities other than those mentioned above, and which will meet with requirements laid down in sections 168 – 170 of the Trade Union and Labour Relations (Consolidated) Act 1992, Section 43 of the Employment Act 2002 and the ACAS Code of Practice on Time Off For Trade Union Duties and Activities 2003.

5.3

The following exceptions will apply:a) One delegate, from each organisation, will be allowed on request paid time to attend regional/national meetings and annual conference. b) A trade union may seek through consultation with the appropriate director to increase representation at the above named conference to reflect local branch organisation needs.

5.4

There is no right to time off for trade union activities which themselves consist of industrial action.

6

Facilities for Trade Unions

6.1

In order to properly carry out their duties as accredited representatives at the workplace certain facilities as listed below will be made available to officials of trade unions. These facilities are offered for the use of all recognised trade unions. a) All accredited representatives of trade unions will have access to the Organisation’s agreed and approved human resource policies and procedures. b) Accredited representatives will have access to notice boards at appropriate locations on each site. c) Accredited representatives shall have reasonable access to a telephone/fax, for the purpose of making and receiving confidential calls, photocopying and postal facilities as, and when, necessary. Such facilities shall not be abused and charges may be made, though these will not normally apply to local telephone calls.

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d) Accredited representatives will have the use of a room for meetings with the prior approval of management. e) The Organisation will extend to trade unions facilities for deductions of members’ contributions from payroll within the terms of current legislation. f) Management will disclose information pertinent to collective and employment law bargaining in accordance with good employee relations practice. g) The Organisation will provide administrative support to recognised and formal employment relations meetings.

7

Meetings in Working Hours

7.1

The prior permission of management must be obtained before any meeting of employees or accredited representatives is held during their working hours.

Although permission shall not reasonably be withheld, the needs of the service must be a prior consideration.

7.2

Management will provide suitable accommodation and facilities for branch meetings if requested.

8

Training of Trade Union Officials in Employee Relations and Health and Safety

8.1

It is recognised that in order to effectively carry out their duties, accredited representatives of trade unions should be properly trained and possess the relevant skills and knowledge in addition to gaining practical experience at the workplace.

8.2

Reasonable paid time off during working hours will be granted to trade union representatives undertaking initial basic training or, if appropriate, advanced training to meet special responsibilities, subject to the following conditions being met:a) The course is relevant to the employee relations duties of the official b) The course is approved either by the TUC or the representative’s union. c) A copy of the syllabus/training programme is given to management when a request for time off is made. d) The prior approval of management to the attendance of the representative at the course is given. e) Normally at least six week’s notice is given in order that suitable cover arrangements may be made. f) The number of representatives who can be released to receive training at any one time will be determined with regard to the needs of the service. g) Attendance will always be subject to the needs of the service.

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9

Access Full-time officers of recognised staff organisations visiting the Organisation’s premises (wherever possible by prior arrangement with management) in the performance of functions outlined above, shall be granted reasonable access to the Organisation for the purpose of exercising those functions.

10

Recruitment of Members Lists of employees will be made available if requested. It is expected that such requests will be made annually or less frequently. These lists will comprise the employee’s name, occupation and location and will be forwarded by the Human Resources Department to branch secretaries/or equivalent representatives of staff organisations.

11

Disclosure of Information The Organisation will endeavour to adhere to the practical guidance issued by ACAS on the disclosure of information.

12

General Conditions

12.1

Concerns related to refusal of time off for Trade Union duties and activities should in the first instance be raised with the Assistant Director of Human Resources. If this is not resolved to the individual’s satisfaction it may be pursued through the grievance procedure.

12.2

Representatives and members shall not unduly or unnecessarily prolong the time they are absent from work on trade union duties or activities.

12.3

No disciplinary action will be taken against recognised representatives for matters resulting from legitimately undertaking any duties or activities covered by this policy.

12.4

Managers will be encouraged to recognise the role of representatives and make consistent efforts to release representatives for legitimate trade union duties.

Similarly trade union representatives will recognise the need to maintain safe and satisfactorily service delivery. When necessary and where appropriate, for example a representative supported by the manager will arrange for a trade union representative colleague to cover the interest of others in order to achieve a good balance between effective employee relations and effective service delivery.

13.

Equality Impact Assessment All public bodies have a statutory duty under the Race Relation (Amendment) Act 2000 to “set out arrangements to assess and consult on how their policies and

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functions impact on race equality.� This obligation has been increased to include equality and human rights with regard to disability age and gender. The Trust aims to design and implement services, policies and measures that meet the diverse needs of our service, population and workforce, ensuring that none are placed at a disadvantage over others.

In order to meet these requirements, a single equality impact assessment is used to assess all its policies/guidelines and practices. This Agreement was found to be compliant with this philosophy (see Appendix C).

14.

References Trade Union and Labour Relations (Consolidated) Act 1992 Developing Effective Employee Representation: A guide to managing provisions for time off, training and facilities (Draft Revised Code) ACAS 2008 ACAS Code of Practice on Time Off For Trade Union Duties and Activities (2003) Employment Act 2002

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Appendix A: Definitions The Organisation

the Primary Care Trust

Staff Organisation

The term used to refer to trade unions or other recognised staff organisation

Representative / Official

a workplace lay union representatives, sometimes known as “shop steward” or “trade union representative”

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Appendix B: Key stakeholders consulted/involved in the development of the policy/procedure

Stakeholders name and designation HR&OD Shared Service NHS Kirklees Partnership Forum NHS Calderdale Partnership Forum

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Key Participant Yes/No Yes Yes Yes

Feedback requested Yes/No Yes Yes Yes

Feedback accepted Yes/No Yes Yes Yes

Appendix C: Equality Impact Assessment Tool To be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval.

Insert Name of Policy / Procedure Agreement Regarding Facilities and Time Off for Recognised Representatives of Staff Organisations Yes/No 1.

Comments

Does the policy/guidance affect one group less or more favourably than another on the basis of: • Race

No

• Ethnic origins (including gypsies and travellers)

No

• Nationality

No

• Gender

No

• Culture

No

• Religion or belief

No

• Sexual orientation including lesbian, gay and bisexual people

No

• Age

No

• Disability - learning disabilities, physical disability, sensory impairment and mental health problems

No

2.

Is there any evidence that some groups are affected differently?

No

3.

If you have identified potential discrimination, are any exceptions valid, legal and/or justifiable?

N/A

4.

Is the impact of the policy/guidance likely to be negative?

No

5.

If so can the impact be avoided?

N/A

6.

What alternatives are there to achieving the policy/guidance without the impact?

N/A

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Statistically women are more likely to be part time than men, and therefore may find accommodating TU duties within working hours more challenging.

Paragraph 4.3 specifies how flexibility can be given to assist acccommodation

Insert Name of Policy / Procedure Agreement Regarding Facilities and Time Off for Recognised Representatives of Staff Organisations Yes/No 7.

Can we reduce the impact by taking different action?

Comments

N/A

If you have identified a potential discriminatory impact of this procedural document, please refer it to the author, together with any suggestions as to the action required to avoid/reduce this impact.

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