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Trade Union Policy & Collective Consultation and Communication Agreement

Index

1. Scope of Agreement 2 2. Definitions 2 3. Purpose of this Policy 2 4. Responsibilities 3 5. Equal Opportunities 3 6. Negotiating Procedure 3 7. Collective Bargaining and Local Collective Agreements 4 8. Duty to Disclose Information 5 9. Communication and Consultation 6 10. Joint Consultative Committee (JCC) 8 11. Joint consultative committee constitution 8 12. Meetings 10 13. Procedure for recommendations for approval 10 14. Collective Grievance 11 15. Strike Action 13 16. Crossing Picket Lines 13 17. Trade Union Facilities 14 18. Time off for Trade Union Duties 15 19. Conditions relating to Time-off Provisions 19 20. Time off with Pay 19 21. Time off without Pay 20 22. Regular Structured Time Off 20 23. Time Off for Training for Trade Union duties, stewards and H&S

Representatives 20 24. Time off for Learning Representatives 21 25. Attendance for Training outside the Normal Working Day. 21 26. Non Residential Courses 22 27. Residential Courses 22 28. Recording Time Off 22 29. Access to members in another department 22 30. Workplace Balloting 22 31. Attendance at Meetings 22 32. Review of Policy 23 Appendix 1 - Notification of time off for Trade Union duties form 24 Appendix 2 - Application for time off for Trade Union training form 25

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1. Scope of Agreement 1.1 The Council recognises the following Unions as having Collective Consultation

rights for all employees who are within the scope of this agreement:-

GMB

UCATT

UNITE

Unison 1.2 The Unions agree not to take part in any activities which abrogate this agreement

and agree to utilise the TUC Disputes Procedure in respect of any appropriate inter-Union disputes.

1.3 Eligible employees are free to join or not join a Trade Union. The Council believes that fully representative Trade Unions are the most effective means of ensuring constructive employment relations.

1.4 Either party wishing to withdraw from this agreement at any time may do so by

giving the other party not less than three months’ notice in writing.

2. Definitions 2.1 “Union Representative” means an employee who has been elected or appointed

in accordance with the rules of an independent Trade Union to represent all or some of the members within the workplace where the Trade Union is recognised by the organisation for collective bargaining purposes.

2.2 “Union Learning Representative” means an employee who has been elected or

appointed in accordance with the rules of an independent Trade Union that is recognised by the organisation to be a learning representative of the Union at the workplace.

2.3 “Union Member” means a member of an independent Trade Union recognised by

the organisation in respect of that description of employee.

3. Purpose of this Policy

The purpose of this Policy is to aid and improve the effectiveness of relationships between the Council and Trade Unions. Managers and Unions have a joint responsibility to ensure that agreed arrangements relating to Trade Union activities work to mutual advantage by specifying how reasonable time off for Union duties/ activities/training will be implemented in practice. The Policy provides guidelines for managing the provision of time off for Trade Union duties, and sets out the facilities that the organisation will provide the Union to enable it to represent the interests of those Members who are employees of the Council.

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This Policy is based on the Trade Union and Labour Relations (Consolidation) Act 1992 (herein referred to as TULRCA) and the ACAS Code of Practice on time off for Trade Union duties and activities.

4. Responsibilities

4.1 Responsibility of Assistant Directors

It is the responsibility of Assistant Directors to ensure this Policy is followed so that there are consistent standards across the Council in relation to the facilities and rights given to Trade Union representatives.

4.2 Responsibility of Managers

To be familiar with this policy

To be familiar with the rights and duties of Union Representatives set out herein

To liaise with Union Representatives to agree and manage time off required/facilities required for Trade Union duties

To submit the appropriate pro forma to HR to notify of all time off taken for Trade Union duties

To put in place any cover that may be needed to accommodate Union time off

4.3 Responsibility of HR

To ensure that all Managers have access to this Policy

To advise Managers in relation to the terms of this Policy

To review and update this policy in line with new legislative requirements

To maintain a record of Trade Union Representatives and their roles

To log all time off for Trade Union duties

4.4 Responsibilities of Trade Union Representatives

To comply with the terms of this Policy

To work with their Line Managers to agree reasonable time off for Trade Union activities and training

To provide HR with a written update on an annual basis of the Union’s Representatives, citing the Union role(s) they are responsible for

To complete the written request for time off form for Union duties (see appendices 2 and 3) so that a record can be maintained

5. Equal Opportunities No Employee will unreasonably be refused time off to undertake Trade Union duties and/or training, or be subject to less favourable treatment, on the grounds of their Trade Union representative status.

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6. Negotiating Procedure General Principles: 6.1 The Trade Unions recognise the Councils responsibility to plan, organise and

communicate with employees and manage its operations in order to maintain efficiency.

6.2 The Council recognises the Unions responsibly to represent the interests of its

members 6.3 No local strike, lock out or other form of coercive action will be taken by either

party to this agreement until the negotiating procedure has been exhausted. 6.4 It is recognised that because of the nature of the Council strike action will often

be organised at a national level and both the Council and the Trade Unions will be bound by national agreements in terms of strike action

6.5 The Council agrees that no changes to negotiated terms and conditions of

employment will be given effect until joint agreement has been reached, or the appropriate procedure as outlined in the national terms and conditions has been exhausted.

6.6 Topics for negotiation are:

Terms and conditions of employment, where they have a universal impact on employees

Physical conditions in which any workers are required to work

Policies and procedures relating to employment or termination of employment or to the expected standards of conduct within the Council.

Major changes to working practices or policies and procedures that effect working conditions and are part of the terms of and conditions of employment

Trade Union facilities 6.7 The viability and success of the Council is in the interests of both parties. It is

therefore the spirit and the intent of this agreement to resolve differences amicably at the earliest opportunity

7. Collective Bargaining and Local Collective Agreements 7.1 Trade Union Representatives can undertake collective bargaining and have the

right to ballot their Members on any proposals as outlined under 6.6 above. The Council will, as far as reasonably practicable, allow the Trade Unions paid time off and facilities to ballot their members.

7.2 Staff will be given reasonable paid time off to consult with their Trade Union

Representatives and thereafter vote accordingly. Time off must be agreed with the Manager at least 5 working days in advance, where possible.

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7.3 Before a Local Agreement is placed on the JCC agenda for final ratification it should be agreed by all Trade Unions and representatives of the employer.

7.4 Full time Trade Union Officials can agree and sign a Local Collective

Agreement based on a majority outcome of a ballot or negotiations. 7.5 In the absence of a full time Official, local Trade Union representatives can sign

off a local collective agreement provided it has been sanctioned by their full time Official.

7.6 Sign off by Trade Unions and members will take place at the Joint Consultative

Committee, who have delegated powers to make a decision and sign up to an agreement on behalf of the Council.

7.7 Some local agreements will not be legally binding, for example learning

agreements. Therefore where a local agreement has the intention of being legally binding, for example in relation to terms and conditions of employment, it will be clearly stated in the agreement and in these cases the Trade Union representatives should seek advice from their Full Time Officials.

7.8 A Local Collective Agreement will be binding on all employees whether or not

they are Trade Union members. Where a local agreement has the intention of being legally binding on terms and conditions of employment they will be deemed incorporated into all relevant employees Terms and Conditions of Employment following the Council’s formal approval process being completed.

8. Duty to Disclose Information 8.1 The City of Lincoln Council recognises its general duty to disclose, for the

purposes of all stages of collective bargaining, information reasonably requested by the Trade Unions.

This may include:

Pay and benefits, for example pay structures, grading systems

Conditions of service, for example policies and procedures relating to redundancy

Man power, for example the number of staff employed by Directorate and grade

Performance, for example savings released through efficiency drive

Financial, for example gross and net outcomes. 8.2 Under the provisions of TULRA the information requested must be in the

possession of the Council and relate to the Councils undertaking. Any information disclosed will be done so because non-disclosure would impede to a material extent the collective bargaining procedure.

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8.3 The Council is not required to disclose any information which:

would be against the interests of national security

would contravene a prohibition imposed by or under an enactment

was obtained by the Council in consequence of the confidence reposed in him by another

would cause substantial injury to the Council or an employee for reasons other than its effect on collective bargaining for example cost information, detailed analysis of investments, tender prices.

was obtained for purposes of any legal proceedings. 8.4 In providing information the Council is not required to:

produce original documents

compile or assemble information which would entail work or expenditure out of reasonable proportion to the value of the information in conduct to collective bargaining

8.5 Any requests for information from the Trade Unions must be in writing, and the

Trade Union can request any responses in writing, or to be confirmed in writing.

8.6 Trade Unions should identify and request information they require for

collective bargaining in advance of negotiations wherever practicable. Requests should be in writing and allow a reasonable time period for the Council to collect any information.

8.7 Trade Unions should keep the Council informed of the names of the

representatives authorised to carry on collective bargaining on their behalf. 8.8 As there is more than one Trade Union recognised by the Council, for the

purposes of collective bargaining the Unions should co-ordinate their requests for information wherever possible

8.9 Trade Unions should ensure their representatives are properly equipped to

understand and use the information provided correctly 8.10 Trade Union Representatives must ensure they comply with the Data

Protection Act 1998 (DPA), and that any personal and/or sensitive data as defined by the DPA and/or confidential information be stored, shared, retained and disposed of in accordance with the DPA

8.11 The Council will aim to be as open and honest as possible in meeting Trade

Union requests for information. Where a request is refused, the reasons for the refusal will be explained as far as possible to the Trade Union Representative concerned.

8.12 Information agreed to be relevant to collective bargaining will be made

available as soon as is reasonably practicable once a written request for information is received from an authorised Trade Union representative.

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9. Communication and Consultation In order to aid consultation a series of meetings are available for the use of the Council or the Trade Unions to inform, communicate and consult. These are as follows: 9.1 Human Resources and Trade Union Meetings

Human Resources will arrange monthly meetings unless agreed otherwise with the recognised Unions. These meeting will be an opportunity for Trade Union Representatives to:

Raise any issues in an informal environment

Request updates

Share any relevant information

Human Resources will:

Supply any information reasonably requested if possible, and if the information is not available seek to bring it to a future meeting or give a written explanation as to why it is not available

Share relevant information

Provide updates on internal and external issues that may impact on employee relations

Support the Trade Union Representatives where requested to put together reports for consideration by JCC or by the Towards Financial Sustainability Board

The HR and Union joint meeting, either at the monthly meeting or at another time set up by mutual agreement, will meet to jointly consider issues which may move forward to negotiation via the Joint Consultative Committee, or are of interest to both parties.

The aim of the HR and Union meeting is to ensure all parties are:

Aware of all the information pertaining to the subject

Have the opportunity to request information they feel mat be relevant, and ask questions

Have the opportunity to voice their views

Have the opportunity to canvass the views of their members

Have the opportunity of coming to a joint agreement before moving forward to the Joint Consultative Committee.

Any policies that have staffing issues must be referred to this group prior to any report being forwarded to JCC for approval. Where practicable, Managers are asked to submit their draft report to HR for distribution to the Union representatives at least 5 working days prior to the joint meeting taking place.

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If that is not feasible, Managers should forward to HR a summary of the issues to be discussed for distribution at least 5 working days prior to the joint meeting taking place. 9.2 Towards Financial Sustainability Board TOFS is a group consisting of the Directors and a representative from Finance. Its aim is to deal with the business needs of the Council. If the Trade Unions wish to influence the way the Council does business or introduce new ideas they can take a report to TOFS. Before a report is accepted by TOFS it must be circulated to Finance and HR for any comments.

9.3 Directorate Meetings Individual Directorates will arrange meetings with Trade Unions when required. This may in some Directorates be regular planned meetings, in other areas it will be as need requires. Both the Director and/or the Trade Unions can request a meeting.

10. Joint Consultative Committee and Health and Safety Joint Consultative Committee (JCC) 10.1 The JCC will be the recognised forum for consultation between the City of

Lincoln Council and its employees. In addition to the topics outlined above for consultation this forum may be used to provide information on:

Recent and probable development of the Councils activities and economic situation

The situation, structure and probable development of employment within the Council and any measures that may be taken where there is a threat to employment

Decisions that are likely to lead to substantial changes in work organisation or contractual relations

10.2 The proceeding of the JCC will not be conducted in public and all

information released will be clearly defined in terms of whether a wider release is permissible.

10.3 In some cases it may be necessary for Trade Unions to consult with their

members before a recommendation is made, and the Council will provide Trade Unions with this opportunity.

10.4 Items relating to an individual in terms of remuneration, terms and

conditions, discipline or grievance will be outside the scope of JCC as other procedures exist to resolve those issues.

10.5 All members including Trade Union Representatives must declare any

personal interest they have in the agenda items at the start of the meeting at which point it will be agreed if it is in the interest of JCC for the person to remain or vote on the proposal.

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Where a Trade Union is aware there is likely to be a conflict they should arrange for a substitute to represent them for that item.

11. Joint consultative Committee Constitution 11.1 Membership 11.2 The Management side of the JCC will consist of:

Eight elected members of the Council

A member of the Corporate Management Team

The Human Resources Manager or Human Resources Associate

Any other senior Manager as relevant to the agenda items to be discussed who will attend in an advisory capacity.

The Staff side will consist of two nominated representative from each of the following Unions:

GMB

UCATT

Unison

Unite These representatives will be accredited members of the Trade Union and employed by the Council All Members of the Employee joint consultative committee will retire annually; new appointments or re-appointments will be confirmed at the beginning of each municipal year.

11.3 If a JCC management side Member ceases to be an elected Member or a staff side Member ceases to be employed by the Council their membership will stop with immediate effect and the Council or Trade Union will fill the vacant position.

11.4 Full time Trade Union Officers of recognised Trade Unions may attend

JCC meetings by reason of their office. Their attendance must be notified to Democratic Services prior to the meeting.

11.5 Other local Trade Union Representatives may attend JCC with the

agreement of the Chair in relation to a specific agenda item. Their attendance must be notified to Democratic Services prior to the meeting.

11.6 The quorum for the JCC will be at least three Councillors and at least three staff side representatives from different Trade Unions. Regional Trade Union Representatives and senior officers will not count.

11.7 Voting rights will be restricted to elected members and those elected local

representatives of the recognised Trade Unions.

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11.8 The Chair of the JCC will alternate between the Management side and the

Staff side each year. The Management side Chair will be appointed by the Council. It will be the responsibility of the Staff side to appoint one of its representatives as Chair. The Vice Chair will always be from the other side to that of the Chair.

11.9 Any substitute members / Trade Union Representatives will be allowed to

attend meetings as long as their names are provided to Committee Services at least 7 days before the meeting. Committee Services will then provide them with a copy of the agenda and reports.

12. Meetings 12.1 Meeting dates for the year will be published along with the dates for

submission of agenda items and reports by Democratic Services and circulated to all JCC members

12.2 Attendance of JCC, and pre meetings by employees of the Council elected

to JCC, will be recognised as appropriate paid time off. 12.3 Each side will make its own arrangements for pre-meetings which will be

appropriate to the business to be discussed. 12.4 Either side may call a special meeting in the following circumstances:

Where an item is considered by the Chair and Vice Chair to be sufficiently urgent that it cannot wait for the next scheduled meeting

A request for a special meeting containing the reasons why it is required is received and agreed by the Chair

12.5 Items of business from either side must be communicated to Democratic

Services in line with the published agenda list. Reports must be in writing and on the corporate template. Democratic services will support Officers and Trade Union Representatives with report formatting. Where possible reports should be sent to the relevant officers for their comments before being placed on the agenda, this can be done directly with relevant Officers or via HR.

12.6 Copies of the agenda, including a forward plan of items of business which

are outstanding, and reports will be circulated to members of the JCC at least five clear working days before the meeting. Any requests for additional items to be added after this date will only be permissible with the agreement of the Chair in exceptional circumstances, and details must be made available 24 hours before the meeting. No additional items of business will be admissible after the meeting has begun.

12.7 Minutes of the meeting will be taken by a member of Democratic Services.

The minutes will be circulated to all members with the agenda for the next meeting.

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13. Procedure for recommendations for approval 13.1 The JCC has delegated decision making powers in respect of local

collective agreements. 13.2 In the event of a failure to agree, the matter will be referred to the

Executive Committee of the Council for a recommendation. The Executive committee may also elect to refer the matter back to JCC with guidance, or a recommendation to seek conciliation or binding arbitration through ACAS if both sides agree, in accordance with the national terms and conditions.

14. Collective Grievance

14.1 Procedure At each stage it will be the responsibility of management to record minutes of each meeting for the agreement as a true record with the Trade Union side Stage One - Informal Grievances may be escalated through the disputes procedure because of an initial lack of understanding of the true nature of the problem, and without full and proper discussion of the main issues. Grievances should therefore be fully discussed informally in the first instance between the employees and their immediate Line Manager. Every attempt should be made to resolve matters in this informal manner. Should this method fail then the following procedure should be followed in relation to a collective grievance. [Individual grievances should be dealt with through the City of Lincoln Councils Grievance procedure] Stage Two

If the matter cannot be resolved informally between the Employees and Line Manager, the Union Representative should raise a collective grievance with the Assistant Director in the area where the grievance arises. A copy of the grievance must be submitted to the HR Manager at the same time. It is hoped that most issues can be resolved in discussion at this stage. The grievance must be set out in writing, stating that it is a collective grievance, citing what the grievance relates to and confirming what outcome the Employees are seeking. The Assistant Director will arrange a meeting with the Union Representative within 10 working days of receiving the collective grievance. This date can be extended by agreement between the Assistant Director and Union Representative. It is the Assistant Director’s responsibility to arrange a minute taker for the meeting.

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A member of HR will be in attendance at the meeting. The parties should seek to exchange any documentation to be relied upon at the Meeting at least 5 working days before the meeting takes place. A failure to do so could result in the meeting being adjourned to a later date to enable parties to consider the documentation. The Assistant Director will confirm their decision in writing within 5 working days of the meeting taking place.

Stage Three If the issue is not resolved at stage two it should be raised with the Director responsible for the area in which the issue has arisen or the Chief Executive if the issue covers more than one Directorate. The request for a stage 3 meeting must be made in writing within 10 working days of the date of the decision letter from the stage 2 meeting. A stage 3 meeting will be arranged with the Director/Chief Executive which will include the Regional Trade Union Representatives and HR. The meeting will be arranged within 10 working days of the date the request to proceed to a stage 3 meeting was submitted. This date may be extended by agreement between the Director/Chief Executive and the Union Representative. Every attempt should be made to resolve the dispute at this stage.

Stage Four If the issue cannot be resolved at Stage three then a report will be produced by Management giving details of the grievance and the reasons why agreement cannot be reached. This report will then be placed as an agenda item for Executive Committee of the Council for a recommendation. The Executive committee can refer the matter to JCC with guidance or a recommendation to seek conciliation or binding arbitration through ACAS if both sides agree. The lead Manager at each stage will be responsible for communicating the outcome and decisions taken in writing. The Trade Union Representatives will be given the facility to hold meetings with their members to report back any such communications. It is expected the Full Time Trade Union Officers will be involved in the later stages of collective grievances; this does not however prevent earlier involvement. 14.2. Substitutes and Absences In the event of sickness or absence of any of the parties, substitutes may attend by mutual agreement.

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This agreement does not preclude the attendance of other personnel at discussions, again by mutual agreement. Extension of timescales may be made by agreement between the parties, with alternative dates being agreed.

15. Strike Action Any strike action will be in line with the relevant Regulations. If the Trade Unions propose to take strike action the following conditions will apply to both the Council and the Trade Unions in line with national agreements and guidance. 15.1 The Council will meet with the Trade Union Representatives to agree any

potential exemptions and write to the Regional office to formally request exemptions.

15.2 Trade Unions identify the following as special cases that have exemption

from striking as it would affect their benefits or pension entitlement:

Employees in their last year of service who are in a pension scheme

Pregnant women who have notified their employer of their expected date of birth

Employees who state benefits may be affected by taking strike action 15.3 Where reasonably practical, all external meetings on a strike day will be

cancelled to ensure maximum attendance of employees at work. Internal meetings including training may be cancelled to avoid the necessity for officers, elected members and/or visitors to cross picket lines unnecessarily.

16. Crossing Picket Lines The Code of Practice on Picketing advises that pickets and their organisers should ensure that in general the number of pickets does not exceed six at any entrance to, or exit from, a workplace. This number includes Trade Union Officials. Pickets can try to peacefully persuade employees not to cross the picket line, but they must not use intimidating behaviour to prevent anybody attending work. Picketing is only lawful if it is carried out by a person attending at or near the place of work they report to, although Union officials/representatives may join any picket line provided that they are supporting their members. The law does not enable a picket to attend lawfully at an entrance to, or exit from, any place of work other than his own. This applies to those working at other places of work, even if employed by the same employer. You are only allowed by law to picket the building where you personally are based unless you are a shop steward or other Union Official. Mobile workers are considered to be based at the premises from which their work is organised.

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16.1 Treatment of striking/non-striking employees Intimidation, bullying, harassment or otherwise unacceptable behaviour will not be tolerated, whether from striking against non-striking employees, from non-striking against striking employees, from Managers against striking employees or between any other groups of employees or Councillors either during or after the action. If such behaviour is proven to have taken place, disciplinary action will be taken in accordance with the Council’s policy. Malicious or false accusations will also be dealt with by disciplinary action.

16.2 Pay

Employees who take part in strike action will have pay deducted from their salary at the rate of 1/5th of a week’s pay or 1/260th of annual salary for each day of strike action. Deduction of pay for part time staff will be on the basis of the number of hours they would otherwise have worked on that day.

16.3 Pension Any days of strike action will not count as service for the purposes of the Local Government Pension Scheme. The Council will contact employees following the strike to ask them if they wish to buy back any pensionable service lost. 16.4 Annual Leave Once the date of a strike has been announced, no applications for annual leave for the day of or for a period covering strike action will be accepted unless accompanied by documentary or other evidence that annual leave is required (e.g. holiday booking, tickets etc.) Such requests will be subject to the needs of the service. Any pre-booked leave will be honoured. 16.5 Sick Leave Any employee who reports sickness absence starting on or prior to a strike but includes absence on the day of the strike will be required to produce a medical certificate from a General Practitioner. If the GP requires a payment for this service, the cost will be reimbursed by the Council upon production to the HR and Payroll Department of a receipt. Where a GP refuses to provide a certificate, the Corporate Director will consider the circumstances of each individual on their merits.

17. Trade Union Facilities 17.1 The Council will provide Trade Union Representatives with the following

facilities:

Access to telephone, internet and email facilities for Trade Union business, on the condition that all Union representatives will strictly observe the Council’s use of telephone, internet and email policies.

Union notice boards for posting Union information

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Photocopying facilities for Trade Union business

The opportunity to have a ‘base’ page and the opportunity to use the social features on the Councils Intranet for Trade Union business

A room allocated for the use of Trade Unions

Use of a lockable cabinet for storage of confidential data

Permission to use the Council’s email and internal post facilities to distribute the Union’s Communications to its members, the organisation and employed officials of the Union.

17.2 Where there are substantial calls upon such resources, management may

require recording of the details of usage of such services and may arrange for the appropriate charges to be invoiced to the organisation(s) concerned.

17.3 Recognised Trade Unions will have reasonable access to noticeboards in

both City Hall and at other sites, although the Council would give consideration to a request for the provision of specific Union noticeboards, if required. Trade Union notices should not be displayed anywhere other than on noticeboards.

17.4 Meetings between Trade Union Representatives and members or officers of

the council will normally be held at a mutually convenient time and venue during working hours on the Councils premises

17.5 The Council will allow meetings of Union members with pay to take place on

its premises during normal working hours provided sufficient notice is given to re-arrange working schedules. As much notice as is reasonably possible should be given by the Member to their Line Manager to agree time away from the work place. However, unless there are exceptional circumstances, at least 5 working days’ notice should be given. Union Members must obtain authority from their Line Manager before leaving their place of work to meet with their Union representative. Managers must not unreasonably refuse a request for a Member to meet with their Union representative.

18. Time off for Trade Union Duties Employees who are accredited representatives (including Health and Safety and Learning Representatives) of Trade Unions undertake a variety of roles in relation to collective bargaining and in working with the Council on behalf of their Members. It is acknowledged by the Council that such duties provide a positive benefit to the Council and its employees, for example in aiding the resolution of work place disputes. This role can be demanding and complex and, in order to assist, the Union Representatives will be given reasonable paid time off from their normal work duties in appropriate circumstances to carry out their Trade Union functions in accordance with national agreements, TULRA and the ACAS Code of Practice “Time Off for Trade Union Duties and Activities”. This policy aims to support the development of an effective partnership between Managers and Trade Union representatives in the conduct of industrial relations to ensure that the Council is able to meet its statutory duties and provide high quality services to the public.

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Nothing in this policy overrides the statutory entitlements of Health and Safety representatives.

The functions detailed below are recognised as relating to the employee relations functions of accredited representatives:

Issues relating to terms and conditions of employment, including written contractual terms and physical working conditions

duties involving the representation of individual members who are employees of the Council, including preparing for and attending meetings with those members and/or Managers in connection with the handling of Grievance and Disciplinary matters’ redundancy, flexible working, recruitment, job evaluation, etc.

consultation or negotiation with elected Members/Managers, including attendance at JCC and Health and Safety Committee meetings

informing and/or consulting members of the outcome of consultations or negotiations with elected Members/Managers

attending meetings with other local/regional representatives or with full time officers on matters concerning industrial relations within the Council

attending job evaluation panel

explaining to new employees the role of the Union within the workplace and the services available.

18.1 What is “Reasonable” time off? Union Representatives recognised by the Council as such are legally entitled to be permitted “reasonable” time off during working hours to carry out a wide range of Union duties, such as those relating to:-

pay / sick pay / hours of work

work disputes - disciplinary/grievance

Redundancy

health and safety

learning and training, etc.

to prepare for negotiations and/or meetings

to inform Members of progress and outcomes

There is no legal definition of what constitutes “reasonable” time off. Each application for time off must be assessed on its own merit.

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Representatives should consider the wide variety of difficulties and operational requirements to be taken into account when seeking or agreeing arrangement for time off, taking into account:-

the size of the organisation and number of works:

Service area commitments

Need to maintain service to the public at all times

Need for security and safety at all times

Amount of time off already taken and/or requested

Managers should take into account:-

Difficulties for Representatives and their Members in ensuring effective

representation and communication

Difficulties for Representatives/Members meeting if they work part-

time; on shift work; home-working and/or are at dispersed locations

Managers are encouraged to speak to their individual Representatives to seek to agree what time off will be required, taking into account for example:-

whether a set amount of Union duty time per week could be agreed,

e.g. agreeing a set number of hours per week/month/year for the

undertaking of Union duties, taking into consideration if the

Representatives has additional duties, such as H&S Representative or

Learning Representative;

Take into account the more complex and time consuming it is for the

Representatives to carry out their duties, the more time off they should

be allowed.

Take into account any travel time and preparation time required by the

Representative.

Discount from any agreement any time taken by the Union

Representative that does not relate to their advising their Members

directly, but does relate to the Representative being asked by the

Council to give up their time for Council business, e.g. to sit on a job

evaluation panel, to attend any joint HR and Union meetings, or to

attend JCC.

Managers and Representatives are encouraged to work together to agree reasonable time off and to establish realistic expectations of what time off is required and whether that can be accommodated. This will assist in avoiding any misunderstandings, whilst at the same time facilitating better business planning and ensuring reasonable and fair treatment.

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Any agreement reached should be set out in writing, confirming:-

Amount of time off to be permitted (and acknowledging that this will

vary according to fluctuations in demand for the Representative.)

Confirming for what occasion’s time off can be taken, e.g. meetings;

time off to prepare for meetings; undertaking training; attending

approved training courses, etc.

Arrangements agreed for taking time off at short notice if needed

Procedure for requesting time off

Date by when any arrangement will be reviewed (this should not be

less than annually)

18.2 Where a request for time off is refused Managers should:

Advise the Representative, in writing, why the request has been

refused

Consider and, if appropriate, suggest any potential compromise, e.g. if

the time off cannot be accommodated during the day, could it be

accommodated at another time, such as first thing in the morning or

later on in the working day

18.3 Legal Implications of unreasonably refusing Time Off for Union duties If an employer refuses time off for Trade Union activities, or to pay for that time off, the Union Representative may complain to an Employment Tribunal within 3 months for a declaration that time off be allowed and/or payment owed. If a Tribunal finds that the request for time off was unreasonably refused, they may award such compensation as it considers just and equitable in the circumstances, taking into account the employers default and any loss sustained by the employee. 18.4 Responsibilities For time off to work satisfactorily, Trade Unions should:-

Ensure Representatives are aware of their roles, responsibilities and

functions

Inform HR at the earliest opportunity of appointments or resignations of

Representatives

Ensure that Representatives receive any appropriate written

credentials promptly

Ensure HR receive details of the functions of Union Representatives

where they carry out special duties or functions

Provide line Managers with as much notice as practically possible as to

what time off is needed; the purpose of the time off (whilst maintaining

personal conditional information relating to any individual Member), the

intended location and the amount of time off requested

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Representatives should seek to minimise business disruption by being

prepared to be as flexible as possible in seeking time off where such

time off will make it difficult for colleagues/Manages to provide cover

18.5 Managers should:-

Recognise the mutual obligation with Representatives to allow them

time to undertake their duties where reasonable

Ensure, where necessary, that work cover and/or work load reductions

are provided when time off is required – this could include allocation of

duties to other employees, re-arranging work to a different time or

reducing work loads

Where possible, make facilities available for Representatives to

undertake their duties

19. Conditions relating to Time-off Provisions

Time off must be used conscientiously and efficiently and representatives should not unduly extend the time they are absent from work. Management reserves the right to raise any legitimate concerns in individual cases. All requests for time off must be in writing, using the relevant pro forma (see Appendices 2 and 3) As much advance notice as possible should be given of any requests for time off. Where reasonably practicable, not less than 5 working days’ notice should be given. If that is not reasonably practicable, the request for time off should state why earlier notice could not be given. Time off will not be granted at short notice if service provision would be jeopardised as a result of insufficient notice being given and no alternative cover can be arranged. 20. Time Off with Pay The Council will grant reasonable time off with pay:-

For the performance of functions described in 15 above

For attendance at the annual national conference of the Union. Normally time off with pay will be granted in accordance with each Union’s national agreement, a copy of which shall be provided to the HR Manager

An employer who permits time off for Trade Union duties must pay them for the time off taken. The payment must be either the amount that the Representative would have earned had they worked during the time off, or where earnings vary an amount calculated by reference to the average hourly earnings for the work they are employed to do.

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Reasonable time off with pay will be granted to accredited representatives where time off is required:-

For the performance of functions described in the Council’s Collective Consultation and Communication Policy.

For attendance at the annual national conference of the Union. Normally time off with pay will be granted in accordance with each Union’s national agreement, a copy of which shall be provided to the HR Manager.

21. Time off without pay

The Council may grant time off without pay (or annual leave) where requested by Trade Union Representatives to allow them to undertake Trade Union activities which are not incorporated in the functions outlined above 22. Regular Structured Time Off

The Council acknowledges that it is appropriate in certain circumstances to allow regular structured time off. It is expected that the Trade Union representative(s) involved will carry additional responsibilities on behalf of their staff side colleagues as well as their members. Such requests for structured time off will be considered in the context of the responsibilities and workload of the Trade Union representative as well as the needs of the service. Where structured time off is granted, the representative(s) concerned will be expected, wherever possible, to carry out the full range of their Trade Union functions within the structured time off provided. The roles and amount of time required will be assessed and agreed on an annual basis, or if circumstances change, and will be used to inform the budget setting process and to determine whether additional cover is required for the representative(s) concerned. 23. Time Off for Training for Trade Union duties, Stewards and H&S Reps The Council recognises that it is important for Representatives to take time off to attend training in order to assist them in carrying out their duties. Representatives have an entitlement to “reasonable” time off to attend training during working hours, but should:-

give “as much notice as possible” (ACAS code of practice) to

management

provide details of the contents of the training course

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The Safety Representatives and Safety Committees Regulations 1977 (4(2)(b) requires employers to allow Union H&S Representatives to undergo training in aspects of their functions that is “reasonable in all the circumstances”. The Council will grant Union representatives reasonable time off during working hours to undertake training relevant to the carrying out of their duties as a Union representative. The Training must be approved by the TUC or the Union. Requests for paid time off for training should be made on the “Application for Time Off for Trade Union Training” form (Appendix 2). Time off with pay is normally granted, subject to the needs of the service, but responsibility for fees and expenses for such training rests with the Union concerned. Representatives will be entitled to up to 5 days Trade Union organised training in a financial year. However, the Council recognises that it is in both its and the Unions’ interests to have appropriately trained representatives. Stewards or health and safety representatives will be entitled to attend, in addition to the normal annual entitlement, the appropriate stewards’ induction courses and/or health and safety courses, although they will not normally be allowed to attend more than one of these courses in any one financial year.

24. Time off for Learning Representatives Employees recognised by the Council as Learning Representatives can take reasonable time off to undertake their duties, provided that the Council have received notice, in writing, that the employee is a Learning Representative and that the training condition is met. In such instances, time off can be requested for:-

analysing learning or training needs

providing advice and information in relation to training matters

arranging / preparing learning or training

undergoing “relevant” training

consulting on above

Recognition needs to be given to the varying roles of those Representatives who undertake additional duties, such as health and safety Representatives.

25. Attendance for Training outside the Normal Working Day “Normal working day” is defined for this purpose as the employee’s normal working hours for the day in question. In the case of employees on flexitime, normal flexitime arrangements will apply for attendance within band time (non-working day). Attendance outside band time will attract additional compensatory time off in lieu (at plain time). Employees wishing to take time off in lieu should ensure that the time off is taken as soon as practicable, subject to approval by their Manager and should not be saved up to supplement or replace annual leave.

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Payment of overtime (at plain time) may be considered as an alternative to time off in lieu at the Manager’s discretion (and subject to available budget) but only where granting time off in lieu would detrimentally affect the service.

26. Non Residential Courses Attendance at non-residential training courses outside the normal working day including evenings and weekends will attract compensatory time off in lieu (at plain time) for the hours spent in training.

27. Residential Courses Attendance outside the normal working week at weekend school/residential college will attract 1 day compensatory time off in lieu for each day of the course, the time off in lieu to be counted against the representative’s annual training entitlement. Attendance at residential training courses during the normal working week will attract half a day compensatory time off in lieu for each night away from home. Part time staff will be entitled to payment at plain time rates for hours spent on the course up to the normal full time hours for their grade. 28. Recording Time Off All time off for Trade Union duties must be logged on I-trent. Representatives should therefore complete the request for time off form at Appendix 1of the Council’s Collective Consultation and Communication Policy and submit that to their Line Manager. The Manager must ensure HR receives a copy of that form in order for HR to log that time off on I-trent.

29. Access to members in another Department Where an accredited representative wishes to visit a member in another department during that member’s normal working time (excluding breaks), the person in charge of that other department at that time will be notified prior to their arrival. 30. Workplace Balloting As far as reasonably practicable requests for time off to accommodate workplace balloting will normally be allowed with pay. The Council will also normally comply with requests for council premises to be used for the purpose of giving staff the opportunity of voting. Requests for the use of premises shall be made to the relevant Chief Officer.

31. Attendance at Meetings

Full time staff who are required to attend meetings with elected Members/Managers during times when they would not normally have been at work and who are unable to send a deputy, will be entitled to time off in lieu.

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Part time staff will also be entitled to take time off in lieu, unless the needs of the service would be better served by payment being made. The representative will be entitled to claim payment up to the normal full time hours. These provisions also apply to staff side members of Committees for reasonable preparation time prior to the meeting. Where meetings are arranged for the purpose of conducting Trade Union business, e.g. branch meetings, they must not impact adversely on the maintenance of service provision. Where official demonstrations, rallies and emergency branch meetings are held and permission is sought in advance, leave without pay may be granted subject to the needs of the service. Trade Unions will co-operate in keeping such requests within reasonable limits.

The Council is prepared to provide accommodation on Council premises for official meetings of Union members. Full time officers of recognised Trade Unions will have access to branch officers or members on Council premises for the performance of their duties. Review of Policy This policy will be reviewed at intervals of three years, or earlier at the request of either the management or staff side. Approving Body & Date JCC – Executive –

Signed …………………………………….. Dated …………………………… City Solicitor Signed …………………………………….. Dated ………………………… Unison Representative Signed …………………………………….. Dated ………………………… Ucatt Representative Signed …………………………………….. Dated …………………………… Unite Representative

Signed …………………………………….. Dated …………………………… GMB Representative

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APPENDIX 1 CITY OF LINCOLN COUNCIL

NOTIFICATION OF TIME OFF FOR TRADE UNION DUTIES

Part A Full Name and Job Title .......................................................................................... Department and Site .............................................................................................

Part B - This part must be completed for all periods of time off work to undertake duties in your capacity as an elected Representative. You must obtain permission to leave work in the normal way and the form must be completed either in advance or as soon as possible on your return to work. Reason for absence (please tick relevant box) duties involving the representation of individual Members consultation or negotiation with elected Members/Managers informing and/or consulting Members attending meetings with other local/regional representatives or with full time officers on matters concerning industrial relations within the Council explaining to new employees the role of the Union within the workplace and the services available.

Time off to attend Job Evaluation Panels

Time off:- From (date)........................(time)...................to (date).........................(time ................. No. of working hours/days ............................. Signature of Representative ................................... Date ............................

Part C (For completion by Manager) - Receipt of form acknowledged

Signed .................................................... Date ............................................. Designation ....................................................................................

Following completion, a copy of this form must be sent to the Human Resources Section, City Hall to enable an assessment of time off requirements to be maintained.

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APPENDIX 2

CITY OF LINCOLN COUNCIL

APPLICATION FOR TIME OFF FOR TRADE UNION TRAINING

Part A Full Name and Job Title .......................................................................................... Department and Site .............................................................................................

Part B - This part must be completed in advance for all requests for time off work to undertake Trade Union organised training courses. Title and venue (please attached relevant documentation, if available) ........................................................................................................................................ Time off requested:- From (date)........................(time)...................to (date).........................(time ................. No. of working hours/days ............................. Signature of Representative ........................................................ Date ............................

Part C (For completion by Manager) Time off to undertake Trade Union organised training is approved/not approved* (Please delete as appropriate) If approved, number of hours/days approved ................................ If not approved, please give reason........................................................................................................................... ........................................................................................................................................ Signed .................................................... Date ............................................. Designation ....................................................................................

Following completion, a copy of this form must be sent to the HR Section, City Hall to enable an assessment of time off requirements to be maintained.