PARTNERSHIP AGREEMENT Incorporating Staffside Accredited Representatives Agreement (Facilities Agreement))

Transcription

1 PARTNERSHIP AGREEMENT Incorporating Staffside Accredited Representatives Agreement (Facilities Agreement)) Post holder responsible for Procedural Document Author of Strategy, Policy, Standing operating Procedure or Guideline (delete as applicable) Directorate/Department responsible for Procedural Document Director of Transformation and Organisational Development David Matthewman, Head of Specialist HR Services Human Resources Contact details: Date written: 16th March 2012 Impact Assessment Performed Yes/ No (Bold & underline answer) Approving body and date approved: Review date and (frequency of further reviews): Expiry date (Policy will automatically be archived on IaN on this date) Workforce Governance Committee December 2017 (within 3 years) June 2018 Date document becomes live: November 2015 Please specify standard/criterion numbers and tick other boxes as appropriate Monitoring Information Patient Experience Assurance Framework Monitor/Finance/Performance CQC Fundamental Standards Regulation No: Strategic Directions Key Milestones Maintain Operational Service Delivery Integrated Community Pathways Develop Acute Services Infection Control Other (please specify): Note: This policy has been assessed for any equality, diversity or human rights implications Controlled document This document has been created following the Royal Devon and Exeter NHS Foundation Trust Development, Ratification & Management of Procedural Documents Policy. It should not be altered in any way without the express permission of the author or their representative. Staffside, Partnership Agreement Incorporating Accredited Representatives Agreement (Facilities Agreement) date: December 2017 Page 1 of 17

2 Version: Status: Final Version Date Author (Title not Reason name) /03/12 Senior HR Manager Minor amendments /03/12 Senior HR Manager Final version /06/2015 Employee Relations Manager Review and amendments inclusion of dispute resolution guidance and requirement for managers to record time off for paid Trade Union Activities on ESR. Changes to job titles and format in /05/2018 Employee Relations Manager/HR Project Manager line with new policy template. Minor amendments /05/2018 Specialist HR Services Partnership working Project with ACAS, Staffside and Management. Incorporating partnership principles and to harmonise previous Acute & Community (NDHT) Policies To be used in conjunction with: Grievance Policy Disciplinary and Appeals Policy In consultation with and date: Divisional Managers 7th February 2012 Sample group of Operational Managers 7th February 2012 Deputy Director of HR and Operations Team 7th February 2012 Trust Employment Solicitor 7th February 2012 JSCNC 16th March 2012 Workforce and Diversity Committee 26 th March 2012 JSCNC 8 th October 2015 PEP 20 th October 2015 Workforce Governance Committee 28 th October 2015 ACAS & Staffside 20 th May 2018 Review Date (Within 3 years) December 2020 Contact for Review: Executive Lead Signature: (Only applicable for Strategies & Policies) David Matthewman, Head of Specialist HR Services Suzanne Tracey Chief Executive Staffside Signature: Sally Freeland Staffside Chair Staffside, Partnership Agreement Incorporating Accredited Representatives Agreement (Facilities Agreement) date: December 2017 Page 2 of 17

3 CONTENTS 1. INTRODUCTION PURPOSE DEFINITIONS Membership, Format & Frequency 5. DUTIES AND RESPONSIBILITIES OF STAFF RECOGNITION SCOPE FACILITIES PAID TIME OFF HEALTH & SAFETY REPRESENTATIVES LEARNING REPRESENTATIVES TRAINING PROCEDURE FOR RESOLVING GRIEVANCES REGARDING TIME OFF PROCEDURE FOR RESOLVING DISPUTES BETWEEN TRUST MANAGEMENT AND TRADE UNION COLLEAGUES ARCHIVING ARRANGEMENTS PROCESS FOR MONITORING COMPLIANCE WITH AND EFFECTIVENESS OF THE POLICY REFERENCES ASSOCIATED TRUST POLICIES APPENDIX 1 TIME OFF FOR TRADE UNION ACTIVITIES APPENDIX 2 COMMUNICATION PLAN APPENDIX 3 Equality IMPACT ASSESSMENT TOOL APPENDIX 4 Agenda for Change Handbook Section & Section 26 Joint Consultation Machinery APPENDIX 5 Facilities APPENDIX 6 Terms of Reference for the Partnership Forum NB: page numbering in index and footer numbering will be completed once changes finalised Staffside, Partnership Agreement Incorporating Accredited Representatives Agreement (Facilities Agreement) date: December 2017 Page 3 of 17

4 1. INTRODUCTION 1.1 The RD&E works in partnership with Staffside as they recognise that having effective relationships with trade unions will help them expedite the changes they need to make in ways that minimise the disruption to staff, patients and service users. 1.2 This Partnership working agreement incorporates the Staffside, Accredited Representative Agreement (Facilities Agreement) and covers arrangements through which the Management of Trust, meets in partnership with recognised Trade Unions and Staff Representatives (list who TUs and Staff reps are) to jointly discuss collective workplace and employee matters via various machinery i.e. communication, consultation, and negotiation where appropriate. 1.3 The Employer and Staffside in partnership, have a common objective in the long-term to ensure the efficiency and success of the Royal Devon & Exeter NHS Foundation Trust for the benefit of all. 1.4 All parties recognise that in their pursuit of this common objective harmonious and open employee relations processes are enhanced by the enabling function of workplace Accredited Representatives of Trade Unions and Professional Organisations. 1.5 The partnership will work in partnership to mutually maintain good employee relations between the Trust, Leadership and employees as represented by the Staffside through: regular communication, consultation, and negotiation in the appropriate agreed forums; to work co-operatively wherever possible; to resolve all issues to resolve all issues at the earliest stage and as expeditiously as possible to seek to prevent differences arising and to resolve them where they do to the smooth operations and implementation of agreements made to ensure our corporate values are supported and embedded 1.6 This Agreement covers the arrangements for granting facilities and time off work for accredited representatives and members of unions and professional organisations which are recognised by the Trust. 1.7 The Trust is committed to partnership working and staff involvement and recognises the benefits of ensuring that representatives are trained and knowledgeable. It also recognises the need for Staffside and trade union representatives to be afforded time off and facilities. 1.8 This agreement also covers the process to be followed in the event that differences arise between Trust Management, Staffside and Trade Union colleagues, e.g. in the event of a dispute. In agreeing this Policy, both parties note their commitment to informal resolution wherever possible, through early engagement, open discussion and joint consultation and negotiation on a Trust-wide basis. 1.9 This Agreement is intended to accord with the principles contained in Section 25 of the Agenda for Change Handbook and the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice 3 Time off for Trade Union Duties and Activities (January 2010) In line with the ACAS Code of Practice there will be no disciplinary action taken against an accredited union representative until a Senior Manager of the Trust has discussed the matter with a Full Time Officer of the Union concerned date: December 2017 Page 4 of 17

5 2. PURPOSE 2.1 The Staffside, Trade Unions and Trust will work in partnership to achieve good employee relations and in doing so will follow the six principles of partnership: A shared commitment to the success of the organisation A focus on the quality of working life Recognition of the legitimate roles of the employer, Staffside and trade union A commitment of the employer to developing staff and employment opportunities (and employment security) An openness and willingness by the Trust to share information and discuss future plans for the organisation Adding value- a shared understanding that the partnership is delivering measurable improvements for the employer, the Staffside, union and employees. 3. DEFINITIONS Partnership Communication Consultation Negotiation Staffside To work jointly to promote and foster a spirit of unity and communication, representing views and championing the wellbeing of all staff and fostering good employee relations throughout the Trust. It is the forum through which proposed service changes and associated staff impact are consulted upon and agreed. Is concerned with the interchange of information and ideas Is the process by which the Partnership jointly examines and discusses issues of mutual concern, with an exchange of views. Meaningful consultation depends on those being consulted having adequate information and time to consider it. Is the process by which the Partnership engages in a dialogue on collective work place and employee relations issues with the aim of reaching an agreement Trade Unions acting Collectively as a representative body. Staffside representatives This is a member of staff who has accreditation as a representative of a trade union or professional body recognised by the Trust and become the Staff voice. Trade Union Affiliated Trade Unions, non TUC affiliated bodies and/or professional bodies Dispute The Trade Union and Labour Relations ( Consolidation) Act 1992 (TULRCA) defines a trade dispute as a dispute between workers and their employer which relates wholly or mainly to one or more of a specified matters: Terms and conditions of employment (including physical conditions of Work); Engagement and non-engagement, or termination or suspensions of employment of a worker or workers; Allocation of work or duties between workers; Disciplinary issues; A worker s membership or non-membership of the union; Facilities of union officials; and Machinery for negotiation and consultation date: December 2017 Page 5 of 17

6 Status Quo Means the working and management arrangements which were in place prior to any change(s) which may have led to a dispute, and which may operate until the dispute procedure has been exhausted. Any of the aggrieved party(ies) may seek to invoke the Status Quo if appropriate. 4. PARTNERSHIP FORUM 4.1 The overall purpose of the Partnership Forum is to: At the earliest opportunity, share information and build a joint understanding of future changes Have oversight of the regular communication, consultation and negotiation undertaken by the appropriate Local Consultative Committees. Work in partnership to consult and implement for trust-wide changes; Work collaboratively to progress issues and resolve differences in a timely manner. 4.2 A copy of the Terms of Reference of the Partnership Forum is contained at Appendix DUTIES AND RESPONSIBILITIES OF STAFF 5.1 The amount and frequency of time off should be reasonable in all the circumstances. 5.2 The Director of Transformation and Organisational Development is the Executive Lead for this policy. 5.3 The Trust should bear in mind the difficulties for Staffside representatives and Trade Union Representatives in ensuring effective representation and communications with, for example, shift workers and part-time employees. 5.4 Staffside Trade Unions should: 5.5 Managers should: Be aware of the difficulties and operational requirements to be taken into account when seeking or agreeing arrangements for time off. Ensure that any representatives are aware of their role, responsibilities and functions. Inform the Director of Transformation and Organisational Development, in writing, as soon as possible of resignations, of any proposed new representatives prior to any appointment and before the commencement of union duties. Ensure that new representatives receive any appropriate written credentials/training promptly. Ensure that any new representatives receive training (including formal, informal and shadowing) from the respective union before commencing their duties. Ensure that they engage with their manager regarding reasonable time off for union duties in line with the policy. Be aware of the Working Time Directive and ensure they work within its parameters. Ensure that they consider potential conflict of interest when agreeing to take a case i.e. where the member may be a relative or a close working Colleagues as per individual union guidance. date: December 2017 Page 6 of 17

7 Make available to officials the facilities necessary for them to perform their duties efficiently (see Section 7). Communicate effectively with Staffside and trade unions. Ensure they are aware of the sections of this Agreement regarding paid and unpaid time off including how time off should be recorded. Fairly apply the policy when agreeing time away from the workplace for Staffside and trade union duties. 6. RECOGNITION 6.1 The following Staffside and professional organisations are recognised by the Trust: Association of Clinical Biochemists British Association of Occupational Therapists British Dental Association British Dietetic Association British Medical Association British Orthoptic Society Chartered Society of Physiotherapists Royal College of Nursing Royal College of Midwives Society of Radiographers UNISON Unite GMB It is recognised that this list may need to be reviewed and amended from time to time. 7. SCOPE 7.1 The provisions of this Agreement shall apply to accredited representatives of those Trade Unions and professional organisations listed above. 7.2 Accredited representatives will be current employees of the Trust. 7.3 It shall be for Staffside and trade unions to determine an appropriate number of representatives, having regard for the size and location of its membership. 7.4 It will be the responsibility of the appropriate Trade Union Leads to inform the Trust of the appointment/disaccrediation of representatives. It is the responsibility of the Trust to inform the Staffside Chair and Secretary of the appointment/disaccreditation of representatives. The Staffside Chair is responsible for notifying the Deputy Director of Transformation and Organisational Development in writing of the appointment/replacement of Staffside Officers. Having received a written request for appointment, within a reasonable timescale not normally exceeding 1 month, the Deputy Director of Transformation and Organisational Development will inform the appropriate Divisional Manager/Head of Department to advise of the appointment. 7.5 Once confirmation of the appointment has been received by the Staffside Chair from the Deputy Director of Transformation and Organisational Development, s/he will inform the Trade Union Lead. It is for that Trade Union Lead to liaise with their representatives. No employee will be entitled to take time off to undertake Staffside duties or training until their appointment has been formally notified to the Deputy Director of Transformation and date: December 2017 Page 7 of 17

8 Organisational Development. This will normally be done within 1 month, however in exceptional circumstances it may take longer. 7.6 Employees will not be discriminated against during the course of their employment for Staffside or trade union membership or undertaking activities as a Staffside or trade union representative. 7.7 Any difficulties in securing time off for Trade Union duties should be notified to the Deputy Director of Transformation and OD and the respective Full Time Officer. 8. FACILITIES 8.1 A list of Facilities is included at Appendix 5 to the policy. 9. PAID TIME OFF 9.1 There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work unless the union representative works flexible hours, such as night shift, but needs to perform representative duties during normal hours. Staff who work part time will be entitled to be paid if staff who work full time would be entitled to be paid. In all cases the amount of time off must be reasonable. 9.2 Wherever possible, Staffside and trade union representatives will give their managers a minimum of 6 weeks notice of planned meetings and committees and 5 working days notice in relation to other meetings to support employees. Exceptions to this are suspension and Health & Safety incidents. The Safety Representatives and Safety Committees Regulations 1977 regulation 4(2) (a) requires that employers must allow union health and safety representatives paid time, as necessary, during working hours, to perform their functions. (ACAS Time off for Trade Union Duties and Activities, section 10). Managers should seek advice of from HR if they are unsure as to whether this applies in specific cases. 9.3 The following are examples of when paid time off will be granted: Attendance at meetings of trade Unions, Joint Staff Consultation and Negotiation Committee and Joint Staff Forum and any sub-committees thereof. To represent members at management initiated meetings where the manager concerned has requested the attendance of the representative or to attend meetings with management initiated by Staffside. Attendance at planned meetings between employees and managers. Informing members about negotiations or consultations with management. Meeting with other accredited representatives or full time officers. Appearance at an Employment Tribunal or Medical Appeal Tribunal on behalf of employees. To undertake duties in respect of Health & Safety at Work issues. Reasonable time off to prepare for meetings as above. Holding office on official bodes of Trade Unions. Participating as a Representative in meetings of official policy making bodies of trade Unions such as Annual Conferences or Regional meetings. This list is not exhaustive. date: December 2017 Page 8 of 17

9 9.4 No Managers shall unreasonably refuse time off requests and in the event of a dispute the next Manager in line must be informed. Where a dispute arises as a consequence of the refusal to release a Representative for trade union activity, the dispute will be referred to the respective HR Business Partner for the area who will contact the relevant manager to seek a mutually agreeable resolution. Where no resolution is achieved reference will be made to the grievance/disputes procedure. 9.5 Provision of time off for trade union activity should not be to the detriment of service or other staff. Therefore, other than in exceptional circumstances, the employers will ensure adequate cover is provided to enable Representatives to undertake trade unions duties defined under the terms of this policy. 9.6 When making a request for time off the Staffside representative will indicate the general nature of the business for which time off is required, where he/she can be located, and will indicate the estimated length of time required. 9.7 Reasonable paid time off to carry out negotiations with the employer about matters for which the union is recognised and to fulfil the representative s role will be provided. 10. RECORDING OF PAID TIME OFF 10.1 The trust is required to submit an annual return of all paid time off granted. To achieve this it is the responsibility of all Staffside and Trade Union officials to record all paid time off granted to them, including the purpose of whether it was for Staffside or Trade Union duties. Appendix 1 provides a template for recording this. It is agreed that all Staffside and Trade Union officials shall submit this information, on request via Staffside Chair to the HR Department for the purpose of submitting the annual return In addition, paid time off will normally be granted to notified delegates for attendance at Staffside group meetings or conferences. It is expected that the relevant trade union or professional body will meet the costs of delegates attendance, travel and subsistence Where time off with pay has been approved, the ACAS general principles would apply which are that representatives will not suffer any detriment and will be paid the amount they would have earned had they been working during the time taken off (including any additional payments made in line with AfC), or where earnings vary with the work done, an amount calculated by reference to the average hourly earnings for the work they are employed to do. There is no statutory requirement to pay for time off when the duty is carried out at a time when the union representative would not otherwise have been at work unless the union representative works flexible hours, such as night shift, but needs to perform representative duties during normal hours Time off in lieu is by negotiation and is at the discretion of the line manager. This could be considered, for example, where a representative is released for Staffside or trade union activity and a more cost effective option for the manager would be to offer time off in lieu (at plain time) rather than making payment for the time worked, with associated enhancements if any, and possibly having to fund a replacement/cover. However, in the spirit of the Agreement, time off will not be reasonably denied for appropriate Staffside or trade union meetings as noted above There is no right to time off for Trade Union activities which themselves consist of industrial action. However, where a Trade Union representative is not taking part in industrial action but represents member s involved, normal arrangements for time off with pay for the representative will apply. date: December 2017 Page 9 of 17

10 11. HEALTH & SAFETY REPRESENTATIVES Under the Safety Representatives and Safety Committees Regulations 1977 regulation 4(2) (a) employers must allow union health and safety representatives paid time, as necessary, during working hours, to perform their functions. Managers should seek advice from HR if they are unsure as to whether this applied in specific cases. 12. LEARNING REPRESENTATIVES Under the ACAS Code of Practice 3 ( Time off for trade union duties and activities January 2010, Section 28), Employees who are members of an independent trade union recognised by the employer are entitled to reasonable paid time off to undertake the functions of a Union Learning Representative. To qualify for paid time off the member must be sufficiently trained to carry out duties as a learning representative: Either at the time when their trade union gives notice to their employer in writing that they are a learning representative of the trade union. Or within six months of that date. In this case, the trade union is required to give the employer notice in writing that the employee will be undergoing such training and when the employee has done so to give the employer notice of that fact. During the six month period on which he or she is undergoing this training, the Union Learning Representative must be allowed time off to perform their duties. 13. TRAINING 13.1 Both parties recognise the importance of training to enable Staffside and trade union representatives to undertake their role effectively Reasonable time off with pay will be granted to attend training courses approved by the TUC or recognised trade unions Paid time off for part time employees will be made in line with ACAS guidelines which state that staff who work part time will be entitled to be paid if staff who work full time would be entitled to be paid. Any queries in this respect should be raised with HR Wherever possible requests should be made to the appropriate line manager using the form in Appendix 1 at least 6 weeks in advance of the course commencement, together with details of the course, length, times and dates and its content. Permission may be denied if, after consultation with the appropriate TU lead, it is felt that the course is not appropriate. In this instance the Staffside Chair must be informed In exceptional circumstances and where the service needs cannot be met by other means, including backfill, time off for training may be denied. Notification of this will be given as soon as possible following the request, however in exceptional circumstances only 24 hours notice may be possible. The manager will confirm the refusal in writing, detailing the reason(s). If any costs are incurred by unions which cannot reasonably be recovered, then the Trust may be liable to repay these costs. 14. PROCEDURE FOR RESOLVING GRIEVANCES REGARDING TIME OFF date: December 2017 Page 10 of 17

11 14.1 Where time off is refused and the Staffside or trade union representative has a grievance in relation to this, he/she should first make all attempts to resolve this informally with the manager concerned, if appropriate with the support of the HR Department Where informal attempts to resolve the grievance fail, the Staffside or trade union representative should follow the steps in the Trust s Grievance/Dispute Resolution Policy and Procedure. 15. DISPUTE RESOLUTION 15.1 Whilst both the Trust and its Trade Union colleagues are committed to working in partnership wherever possible, both parties recognise that there may be occasions when differences arise between them. It is also recognised that, given the complex management arrangements within the wider NHS, there will be occasions when the source of differences between the Trade Unions and Trust management are at a national level and not within authority of Trust Management In the event of a dispute between Trust Management and Trade Union or Staffside colleagues, where appropriate the priority will be to attempt to resolve differences in partnership informally. Where initial discussions to resolve the matter are unsuccessful, in the first instance the matter will be referred by the Head of Specialist HR Services and Staffside Chair to the Director of Transformation and Organisational Development and the Trade Union Regional Officer respectively The Trust and recognised trade union officials should explore the possibility of inviting ACAS/NHS Employers to assist them in identifying a resolution to the dispute. Where appropriate, it may be necessary to obtain input from the Trust s Board of Directors In the event that all informal options have been exhausted and Staffside or individual trade unions wish to initiate a formal dispute, the Staffside Chair or respective trade union official will formally notify the Director of Transformation and Organisational Development in writing. Where there is risk of industrial action, the priority will be to ensure that any disruption does not put patient safety or welfare at risk In the event that a union wishes to pursue a separate formal dispute (i.e. rather than a collective dispute), the Staffside Chair or respective Trade Union Official must be formally notified in writing, and will in turn formally notify the Director of Transformation and Organisational Development Representatives may feel that it is necessary to re-instate arrangements that were in place prior to the change that gave rise to the dispute (the status quo ). The Director of Transformation and Organisational Development will consult with the nominated representatives regarding the terms of the status quo where this is requested Where it is reasonable for the union to believe that any of its members will be given opportunity to vote in a formal ballot, the union will formally notify the Director of Transformation and Organisational Development in writing of the intended ballot. Notice should be given not later than the seventh day before the intended opening day of the ballot (i.e. the first day on which a voting paper is sent to any person entitled to vote. That notice should be in line with the notice requirements set out in the Department of Trade and Industry Code of Practice: Industrial action ballots and notice to employers. 16. ARCHIVING ARRANGEMENTS date: December 2017 Page 11 of 17

12 Archived electronic copies will be held on the Trust s archived policies shared drive, and will be held indefinitely. A paper copy (where no electronic copy exists) will be retained for 10 years, unless the document itself specifically concerns children, in which case, a paper copy will be retained for 25 years. 17. PROCESS FOR MONITORING COMPLIANCE WITH AND EFFECTIVENESS OF THE POLICY 17.1 In order to monitor compliance with this policy, the auditable standards will be monitored as follows: No Minimum Requirements Evidenced by 1. Representatives to keep monthly record sheet (Appendix 1) which accurately records facilities time and managers to record paid time off on ESR. ESR Reporting 18. Frequency In each financial year, the Head of HR Specialist Services will audit a sample of managers/divisions to ensure that this policy has been adhered to and a formal report will be written and presented at Partnership Forum and the People Strategy Group. 19. Undertaken by Line managers and Employee Relations Managers. 20. Dissemination of Results At the JSCNC and Workforce and Diversity Committee Meetings which are held monthly. 21. Recommendations/ Action Plans Implementation of the recommendations and action plan will be monitored by the Partnership Forum and People Strategy Group meetings which meet monthly Any barriers to implementation will be risk assessed and added to the risk register Any changes in practice needed will be highlighted to Trust staff via the Governance Managers cascade system 22. REFERENCES ACAS: Time off for Trade Union Duties and Activities AfC Handbook NHS Employers The Safety Representatives and Safety Committees Regulations 1977 regulation 4(2) (a) 23. ASSOCIATED TRUST POLICIES Grievance/Dispute Resolution Policy and Procedure Disciplinary and Appeals Policy date: December 2017 Page 12 of 17

13 APPENDIX 1 Trade Union Facility Time Reporting Definitions Paid Trade Union Facility Time Any paid time that you spend undertaking duties or activities as a Trade Union Representative. Please see below the definition of Trade Union duties and Trade Union Activities. Paid Trade Union Duties Paid Trade Union Duties are duties that you undertake as a Trade Union Representative, Trade Union Health & Safety Representative or Trade Union Learning Representative in relation to the business of your employer or wider NHS for which you receive paid time off to undertake or time back in lieu for. The following are examples of Trade Union duties (the list is not exhaustive): - Attendance at Partnership Forum. Attendance at Trust Staffside Meetings (Policy Group, LCC, etc). Attendance at the Medical & Dental LNC. Attendance at Workforce Governance Committee. Attendance at the Health & Wellbeing Committee. Attendance at Health & Safety Committee. Attendance at any other Trust Committees in the capacity of a Trade Union Representative. Any work you undertake in preparation for the above committees. Accompanying a Trade Union member to a meeting or a hearing (e.g. disciplinary investigation meeting, a grievance hearing, a sickness absence meeting etc.). Time spent preparing a case for a member attending a meeting or a hearing. Supporting Management of Change meetings. Attending Trade Union training for your role as a TU Representative. Special Note: We do not consider that participating in Job Matching and associated work will at present be classed as a Trade Union duty as this can be done by staff representatives and is not confined to Trade Union Representatives. Paid Trade Union Activities Paid Trade Union Activities are activities that you undertake as a Trade Union Representative, Trade Union Health & Safety Representative or Trade Union Learning Representative with your Trade Union that are not directly related to the business of your employer or wider NHS but for which you receive paid time off to undertake or time back in lieu for. The following are examples of Trade Union activities (the list is not exhaustive): - Attending a Trade Union Conference. Travelling time to attend a TU Conference. Attending a Trade Union Branch Meeting. Participating in a membership recruitment drive for the Trade Union. NOTE: For the purposes of the Trade Union Facility Time reporting requirements you should only include time spent on activities in working time (or that you get time back in lieu for). You should not include activities that you do in your own time including unpaid lunch breaks. date: December 2017 Page 13 of 17

14 TIME OFF FOR TRADE UNION FACILITIES AND ACTIVITIES PRO FORMA Trade Union Facility Time Date Hours Purpose Paid/Unpaid* Trade Union Paid Facility Time Spent on Trade Union Activities * Time off for paid Trade Union activities should be recorded on ESR though manager self- service using the absence type of Special Increasing Balance and absence reason of Trade Union Duties. A copy of this form should be held on the personal file. date: December 2017 Page 14 of 17

15 APPENDIX 2 COMMUNICATION PLAN COMMUNICATION PLAN The following action plan will be enacted once the Staffside: Facilities Agreement has been approved. Staff groups that need to have knowledge of the policy Managers, supervisors, staff, Staffside and trade union representatives. The key changes if a revised policy Format change in line with new policy template and review of content Inclusion of guidance in the event that differences arise between Trust Management, Staffside and Trade Union Colleagues, e.g. in the event of a dispute. The key objectives Inclusion of guidance for Staffside and trade union representatives requesting and managers recording time off for Staffside or trade union activity. The Agreement sets out the arrangements for granting facilities and time off work for accredited representatives and members of unions and professional organisations recognised by the Trust. It also formalises the process by which representatives are accredited with the Trust. The agreement also covers the process to be followed in the event that differences arise between Trust Management and Staffside or trade union colleagues. How new staff will be made aware of the policy and manager action Cascade by from manager, induction process,hub. Specific issues to be raised with staff Manager responsibilities to be noted. Managers to ensure employees are aware of their duties and responsibilities. Staff should be made aware of their duties and responsibilities as set out in the policy. date: December 2017 Page 15 of 17

16 Training available to staff N/A Any other requirements N/A Issues following Equality Impact Assessment (if any) Location of hard/electronic copy of the document tbc tbc date: December 2017 Page 16 of 17

17 APPENDIX 3: EQUALITY IMPACT ASSESSMENT TOOL Name of document Staffside, Accredited Representatives Agreement (Facilities Agreement) Division/Directorate and service area Human resources Name, job title and contact details of person completing the assessment Date completed: David Matthewman Head of Specialist HR Services ext 2095 XX005/2015 The purpose of this tool is to: identify the equality issues related to a policy, procedure or strategy summarise the work done during the development of the document to reduce negative impacts or to maximise benefit highlight unresolved issues with the policy/procedure/strategy which cannot be removed but which will be monitored, and set out how this will be done. 1. What is the main purpose of this document? The main purpose of this policy is to provide guidance regarding arrangements for granting facilities and time off work for accredited representatives and members of unions and professional organisations which are recognised by the Trust. 2. Who does it mainly affect? (Please insert an x as appropriate:) Carers Staff Patients Other (please specify) 3. Who might the policy have a differential effect on, considering the protected characteristics below? (By differential we mean, for example that a policy may have a noticeably more positive or negative impact on a particular group e.g. it may be more beneficial for women than for men) Please insert an x in the appropriate box (x) Protected characteristic Relevant Not relevant Age Disability Sex - including: Transgender, date: December 2017 Page 17 of 17

18 and Pregnancy / Maternity Race Religion / belief Sexual orientation including: Marriage / Civil Partnership 4. Apart from those with protected characteristics, which other groups in society might this document be particularly relevant to (e.g. those affected by homelessness, bariatric patients, end of life patients, those with carers etc.)? Please specify any groups you think may be affected in any significant way None 5. Do you think the document meets our human rights obligations? Yes Feel free to expand on any human rights considerations in question 6 below. A quick guide to human rights: Fairness how have you made sure it treat everyone justly? Respect how have you made sure it respects everyone as a person? Equality how does it give everyone an equal chance to get whatever it is offering? Dignity have you made sure it treats everyone with dignity? Autonomy Does it enable people to make decisions for themselves? 6. Looking back at questions 3, 4 and 5, can you summarise what has been done during the production of this document and your consultation process to support our equality / human rights / inclusion commitments? Have consulted with Staffside & Trade Unions with the involvement & facilitation of ACAS. Policy appraisal via normal Trust channels. date: December 2017 Page 18 of 17

19 7. If you have noted any missed opportunities, or perhaps noted that there remains some concern about a potentially negative impact please note this below and how this will be monitored/addressed. Protected characteristic : None Issue: How is this going to be monitored/ addressed in the future: Group that will be responsible for ensuring this carried out: date: December 2017 Page 19 of 17

20 APPENDIX 4: AGENDA FOR CHANGE HANDBOOK Section 25 Agenda for Change Handbook - Section 25 Facilities6 For Staff Organisations 25.1 Partnership underpins and facilitates the development of sound and effective employee relations throughout the NHS. It is acknowledged by all stakeholders that recognising the priority needs for patient services, staff representatives can participate fully in the partnership process NHS employers should allow reasonable paid facility time for recognised staff officials to carry out negotiations with the employer about matters for which the union is recognised and to undergo training relevant to these duties Examples of these duties include: terms and conditions of employment; engagement or termination of employment; allocation of work; matters of discipline; union membership or non-membership; facilities for staff officials; machinery for negotiation or consultation or other procedures Examples of time off for training include: initial basic training, subsequent skills and advanced training; training for changes in the structure or topics of negotiation; training for legislative changes NHS employers should also give reasonable time off during working hours for trade union members or representatives for: executive committee meetings or annual conference or regional union meetings; voting in properly conducted ballots on industrial relations; voting in union elections; meetings to discuss urgent matters relating to the workplace Further information about the partnership approach to the implementation of pay modernisation is set out in Part 1, including the need to ensure that the representatives of trades unions and other staff organisations recognised for purposes of collective bargaining at local level are released appropriately to participate in the implementation process, and that nominated officers of the local joint staff representatives can be fully involved in the local partnership arrangements. date: December 2017 Page 20 of 17

21 25.7 The Resource Pack on Staff Involvement (Better Decisions, Better Care) in England is designed to help organisations promote and implement staff involvement through partnership working with staff and their representatives. It says in an involving culture, managers and staff organisation representatives work in partnership to liberate the knowledge, skills and commitment of staff to improve patient care.. NHS staff organisations national and regional officers are committed to supporting staff involvement through partnership working The Resource Pack is available at: mentandpartnerships 25.9 Within NHS Scotland the Staff Governance Standard applies. The Standard sets out what each NHS Employer must achieve in order to improve continuously in relation to the fair and effective management of staff. Implicit in the Standard is that legal obligations are met and that all policies and agreements are implemented. In addition to this the Standard specifies that staff are entitled to be: well informed; appropriately trained; involved in decisions which affect them; treated fairly and consistently; and provided with an improved and safe working environment The Staff Governance Standard is available at: There are equivalent programmes in Wales and Northern Ireland. Section 26 Joint Consultation Machinery 26.1 Joint consultation arrangements should be set up in agreement with employee representatives to lay down the rules and procedures which will govern the operation of a Joint Consultative Committee (JCC) Joint consultative arrangements should be based on a partnership approach to industrial relations. This should involve the systematic and routine involvement of staff and their trade union representatives at all levels in shaping the service and in the decision making process at all stages which affects their working lives and the delivery of health care Agreement should be reached on a number of issues when establishing a JCC. These include: size and composition of the committee; organisation of committee meetings; subjects to discuss; facilities for committee members; and arrangements for reporting back All organisations benefit from good employer/employee consultation. Organisations, which ensure that systematic communication and consultation take place on a wide range of subjects, will benefit from better decision making, greater employee understanding and commitment and improved industrial relations Further guidance on the setting up of a joint consultation committee as well as a checklist of issues to be covered in a JCC constitution is contained in the ACAS booklet Employee Communications and Consultation. date: December 2017 Page 21 of 17

22 APPENDIX 5 FACILITIES 1. The Trust will provide the following facilities to Staffside for the purposes of their official role as Staffside representatives: Access to appropriate accommodation for meetings and, where possible, secure storage for files and records. Details of starters and leavers within the constraints of the Data Protection Act 2018 and on request. Staffside information displayed at Inductions. Facilities for the deduction of Staffside subscriptions from employee salaries. Access to internal and external telephones for use in Staffside and trade union activity with due regard given for the need for confidentiality. The provision of notice boards. Access to internal and external mail systems. Access to Trust intranet systems, e-learning tools, and internet where available. The use of Trust computers for work in respect of employee relations. Access to printing, and use of stationery Access for Staffside and trade union representatives to all joint documents relating to the local partnership process. Where reasonable, the provision of dedicated office space. Access to private space to discuss confidential matters. 2. The Trust will not unreasonably deny facilities when requested to assist in the election of Staffside representatives in the workplace. 3. The Trust agrees to arrange deductions of monthly subscriptions to the Unions, from salaries following written requests from the union member and shall cease to make such deductions on being given written notice to do so. Amounts so collected shall be passed to the appropriate Unions within 30 days of receipt. This arrangement is subject to contractual arrangements with individual Trade Unions and a cost will be made by the Trust for this service. 4. The Trust will ensure that the necessary facilities are provided for the storage and collection of confidential waste in line with the Data Protection Regulations date: December 2017 Page 22 of 17

23 APPENDIX 6 Partnership Forum Terms of Reference These Terms of Reference are used as evidence for: Care Quality Commission Standard numbers: NHSLA Risk Management Standards for Acute Trusts: NHSLA CNST Maternity Clinical Risk Management Standards: Other (please specify): 1. Accountability 1.1 The Partnership Forum is accountable to the People Governance Committee. 2. Purpose 2.1 The overall purpose of the Partnership Forum is to: - at the earliest opportunity, share information and build a joint understanding of future changes; - have oversight of the regular communication, consultation and negotiation undertaken by the appropriate Local Consultative Committees; - work in partnership to consult and implement for trust-wide changes; - work collaboratively to progress issues and resolve differences in a timely manner. 3. Membership Will include accredited Staffside members, Executive Directors and Leadership Team members (including Chairs of the Local Consultative Committees), who jointly represent the trust and its staff. For specific agenda items the Partnership Forum Chairs will invite additional people to attend meetings as required. Full Time Officers (FTO s) will be invited as required in an ex-officio capacity. The Partnership Forum will review its membership annually. A Quorum The Partnership Forum will be quorate when: - The Staffside Chair or Partnership Forum Leadership Team Chair (or deputies) attend; - Relevant Local Consultative Committee Chair (as per agenda items), or deputy; - A minimum of three Staffside Officers; - A minimum of two Leadership Team Members. - A minimum of one Executive Director. 5. Procedures 5.1 The Transformation & OD Directorate will provide a secretary to collate and prepare agendas, papers and minutes and deal with any other matters concerning the administration of the Partnership Forum. The joint Chairs will approve the agenda for each meeting along with a distribution list, the minutes approved by the whole Forum. date: December 2017 Page 23 of 17

24 5.2 Any member of the Partnership Forum may request an agenda item, normally by written submission. Each Forum meeting will be chaired, alternately, by one of the joint Chairs. 6. Frequency of Meetings 6.1 Partnership Forum meetings will be held no less than 6 times in each accounting year, with the Local Consultative Committee meetings held no less than 10 times in each accounting year. 6.2 Extraordinary meetings may be called at the request of any member of the Partnership Forum and in agreement with the joint Chairs. 7. Duties and Responsibilities As outlined in 2.1, the Partnership Forum will maintain (and continue to build) a strong collaborative partnership to fulfil its purpose effectively. Monitoring the effectiveness of the committee/group/forum 8.1 The joint Chairs will be responsible for ensuring the minutes of the meeting are completed and distributed to members of the Partnership Forum no later than 10 working days before the next meeting at which they will be formally agreed. date: December 2017 Page 24 of 17