Trust Policy and Procedure Document Ref. No: PP(16)055 TIME OFF FOR TRADE UNION DUTIES AND ACTIVITIES For use in: For use by: For use for: Document owner: Status: Contents All Areas of the Trust All Staff Trade Union Representatives Executive Director of Workforce & Communications Approved Page No. Introduction 2 Time Off for Trade Union Duties 2 Time off for Trade Union Activities 3 Trade Union Officials Training 4 Union Learning Representatives (ULR s) 5 Manager Guidelines 6 Procedure for Applying for Time Off 7 Facilities 8 Glossary 8 Statement of Agreement 8 Appendices Appendix 1 Proforma 10 Source: HR & Communications Status: Approved Page 1 of 10
1. INTRODUCTION TIME OFF FOR TRADE UNION DUTIES AND ACTIVITIES All parties recognise it is vital to good employee relations for the workforce to be effectively represented by the recognised unions/staff organisations. Furthermore, a truly representative and effective union/staff organisation will enhance workforce employee relations. The Trust and the trade unions/staff organisations recognise that, for an effective working relationship, it is essential to agree arrangements regarding time off and facilities. The purpose of this policy is to assist and improve the conduct of good employee relations throughout the Trust. It is important that requests for time off should be considered in a fair and consistent manner even though individual decisions on occasion may not necessarily accord. This document will provide a framework within which reasonable time off and facilities can be granted to accredited trade union officials to allow them to carry out certain trade union duties or activities or to undertake approved courses of training. The provisions of this agreement applies to accredited representatives of the union/staff organisation concerned, who have been elected or appointed in accordance with the rules of that union/staff organisation. Unions/staff organisations in consultation with the Trust will determine an appropriate number of representatives, having regard for the size and location of its membership. All unions/staff organisations must inform the Trust, in writing, of the names of all elected representatives at the earliest opportunity and to notify any subsequent changes. These will be the only representatives covered by this agreement. This agreement seeks to establish a formal policy and procedure on trade union duties and activities in accordance with the legislative framework. It is recognised that it is not possible to be prescriptive about all duties, activities and time required. However, trade union/staff representatives agree to be reasonable in their requests and time off will not be unreasonably refused. 2. TIME OFF FOR TRADE UNION DUTIES 2.1 Trade union/staff organisations representatives will be allowed reasonable time off during working hours to carry out Union duties such as:- Negotiation and consultations with management, eg Trust Council, Trust Negotiating Committee and Health and Safety; Acting on behalf of members at disciplinary hearings, appeals, committees or discussions to resolve grievances/disputes; Attendance at official functions, eg Employment Tribunals; Source: HR & Communications Status: Approved Page 2 of 10
Informing members of progress on negotiations or consultations with management; Communicating with other trade union officials within the Trust concerned with collective bargaining with management; Contributing to Trust initiative or projects where a formal staff side role has been agreed with the Trust for example Agenda for Change (please see Appendix 2). Carrying out the role of Union Learning Representative (ULR); Reasonable preparation time for meetings such as Trust Council, Trust Negotiating Committee and any of the above. To take part in Job Evaluation Panels. The procedure for requesting time off is covered in this procedure. Permission for time off will not normally be granted to an accredited representative to act on behalf of a member not employed by the Trust. 2.2 Payment for Time off for Trade Union Duties 2.2.1 Authorised time off on trade union duties will be paid for by the Trust. The Trust will pay either the amount that officials would have earned had they worked during the time off taken 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, or if more appropriate be given time off in lieu. 2.2.2 Part-time staff - It is normal practice to ensure that trade union duties are performed in the employee s normal working hours. However, staff who work part-time will be entitled to be paid for time on trade union duties/approved training outside their contractual working hours, if staff who work full-time would be entitled to be paid. 3. TIME OFF FOR TRADE UNION ACTIVITIES The Trust does recognise that trade unions, to operate effectively and democratically, need the active participation of local trade union officials. Managers will, therefore, whenever possible, allow trade union officials reasonable time off during work time to take part in his/her union activities, notwithstanding the primary responsibility of the Trust to provide services to patients. 3.1 Paid Time Off Pay will be granted where the issues relate to the business of the Trust and will include: Voting at the workplace in union elections or ballots; Meetings with a full-time officer to discuss issues relevant to the Trust; Attending workplace meetings to discuss and vote on the outcome of negotiations within the Trust. Source: HR & Communications Status: Approved Page 3 of 10
Meetings of official policy making bodies such as the Executive Committee and Health and Safety Committee; Participation in Trust activities/projects as agreed with the Trust (eg implementation of pay modernisation). 3.2 Unpaid Time Off Trade union activities for which unpaid leave would be granted include: Branch (if not West Suffolk Hospital Trust branch) area or regional meetings of the union where the business of the union is under discussion; Representing the Union on external bodies, eg Industrial Training Boards. In some circumstances, trade union officials may be awarded paid time off for the above. A formal request should be made in writing to the Executive Director of Workforce and Communications. This request should be channelled through the representative s manager. 3.3 Time off for Trade Union Annual Conference Subject to the exigencies of the service, the Trust will allow one nominated member per union time off with pay to attend their union s annual national conference. The union should request time off by writing on behalf of their official to the Executive Director of Workforce and Communications. 3.4 Special Conferences Time off with pay will not be granted and union officials will be expected to attend special conferences in their own time or on annual leave. 3.5 Definition of Reasonableness Trade Unions and staff organisations will endeavour whenever possible to give as much advance notice of time off requirements (normally no less than one working day) and will organise their responsibilities in an efficient and effective system. The Trust will co-operate wherever possible with requests for time. Where trade union officers require time off. In all cases they will follow the agreed Time Off procedure. 4. TRADE UNION OFFICIALS - TRAINING Trade union officials will be allowed reasonable time off with pay during working hours to undergo training relevant to the carrying out of their trade union duties. The prime consideration in deciding whether to approve time off will therefore be that the training requested will enable trade union officials to perform their duties efficiently. Training can be organised on a day release, block or residential basis and should be approved by the TUC or by the independent trade union of which the employee is an official. Examples of training for which time off can be allowed include: Basic training which is arranged by the union within a reasonable time of the official being appointed; Source: HR & Communications Status: Approved Page 4 of 10
Further training, which may include refresher training or advanced training because the trade union official has special responsibilities or needs, or where legislative change may affect the conduct of industrial relations with the Trust and may require the reconsideration of existing agreements. 4.1 Procedure for Applications Applications must be made on the attached form at Appendix 1, completed and discussions should have taken place with the representative s manager. This application, giving a minimum of one month s notice, should be forwarded to the Executive Director of Workforce and Communications. In addition to the request form, the following information must be provided as soon as possible: The course content, enclosing a copy of the syllabus or prospectus; Location of the course; A case of need detailing the reason for the request; 4.2 Payment for Time Off for Training The Trust will pay for authorised time off on the following bases: a) the amount that officials would have earned had they worked during the time take off. or b) where earning vary with the work done, an amount calculated by reference to the average hourly rate for the work they were employed to do. or c) If more appropriate time off in lieu. d) Night/evening staff will be reimbursed either for the evening prior to the course day or the evening of the course day. This is subject to the agreement of the manager concerned. 5. UNION LEARNING REPRESENTATIVES (ULR S) 5.1 Union Learning Representatives The Trust encourages and supports the development of Union Learning Representatives (ULRs) and will seek to work in partnership to ensure all training activities organised for Trust Staff are complementary and scope for duplication is minimised. Staff who are members of any trade union recognised by the Trust can take reasonable time off to undertake the duties of a ULR provided that the union has given the Trust notice in writing that the employee is a learning representative of that union and has met the training condition (i.e. they are sufficiently trained to carry out duties as a learning representative either at the time when their trade union gives notice that they are a ULR or within six months of that date). Source: HR & Communications Status: Approved Page 5 of 10
The Trust will grant ULRs reasonable paid time off for training (please see paragraph 2.2.2 in respect of part timer staff), and for carrying out their agreed functions of; Analysing learning or training needs Providing information and advice about learning or training matters Arranging learning or training Promoting the value of learning or training Consulting the Trust about carrying on any such activities Preparation to carry out any of the above activities Undergoing relevant training 6. MANAGER GUIDELINES 6.1 Introduction Managers will grant reasonable time off when alternatives can be made to cover the employee s duties and/or the service provided by the department or ward can be maintained. 6.2 General Considerations 6.2.1 Subject to 5.1 above, time off requests would usually be granted when: There is some urgency for the employee to carry out a duty; An official faces particular problems of effective representation or communication because of the differing hours of work or shift times of the members; There is some need to get a large number of trade union members together at one time; Appropriate notice has been given for the need to take time off; The appropriate procedures have been followed. 6.2.2 Requests for time off will not be granted when: The service provided could not be maintained at a safe or secure level; The procedures for applying time off have not been followed, so far as is practicable; During industrial action, officials or members taking part in the industrial action request pay for the time spent in discussions with management; The employee requesting time off is participating in industrial action. Source: HR & Communications Status: Approved Page 6 of 10
6.3 Recognised Trade Unions/Staff Associations In dealing with any requests for time off, the manager must ensure that the official or members belongs to a trade union or staff association recognised by the Trust. An up to date list is kept by the Human Resources & Communications Directorate. If in doubt, please contact the Human Resources Manager. 6.4 Calculation of Pay outside normal working hours If time off with pay is granted during the employee s working hours the manager will authorise normal pay for the period concerned. If an official or trade union member undertakes approved trade union duties or approved training outside his/her normal working hours, compensating pay will be granted. It is normal practice to ensure that duties are performed in the employee s working hours. 6.5 Expenses in Connection with Time Off No expenses are payable by the Trust in connection with duties/activities undertaken when officials or members have time off. However, in exceptional circumstances, if a manager requires a trade union official to undertake Trust duties on their rest day/day off, the trade union official may claim the appropriate rate of pay. 6.6 Difficulties Relating to Time Off Any problems experienced by either managers or local trade union officials in respect of the interpretation of this agreement will be considered by the Executive Director of Workforce and Communications in the first instance. Time off should not be withheld repeatedly because of the same problems (eg low staffing levels due to sickness). If this is occurring, the problems should be discussed with the manager and an appropriate member of the Human Resources and Communications Directorate. However, the above provision notwithstanding, a member of staff is entitled to use the Grievance Procedure for any grievance relating to time off or pay for time off. 6.7 Information regarding Time Off Managers and Trade Union Representatives will keep accurate records of the amount of time off granted either with or without pay. The date, time and name of employees involved and reason why time off is requested should be recorded. 7 PROCEDURE FOR APPLYING FOR TIME OFF To take time off, a trade union official must always seek permission from their own manager or supervisor as far in advance as possible before he/she leaves the workplace, and (completes the form attached at Appendix 1) giving the following details. Arrangements for record keeping and associated documentation should be agreed between the representative and their manager. The reason time off is required; Source: HR & Communications Status: Approved Page 7 of 10
The intended location; The timing and duration of time off required. 8 FACILITIES The Trust and the unions/staff organisations recognise that the employee relations functions of representatives are important duties, in addition to their duties as employees of the organisation. The Trust agrees to provide the following facilities to the union/staff representatives covered by this agreement: Provision of a secure office space; Appropriate number of notice boards; Access to confidential telephone/fax machine; Access to nearest photocopier/fax machine (to be agreed at locality); Internal mail and email; Reasonable use of equipment, including postage and PCs; Reasonable use of accommodation for meetings and education; New Staffing lists; Invitation to Trust Induction Days and other useful events to promote partnership working/trade union membership. To maximise Trade Union membership amongst all employees of the Trust 9 GLOSSARY 9.1 Appropriate Trade Union A trade union or staff association recognised or partially recognised for negotiation consultation purposes by the West Suffolk Hospitals NHS Trust. 9.2 Trade Union Official A branch secretary, steward, staff representative, or Health and Safety representative who is accredited by the West Suffolk NHS Foundation Trust and has been elected and accepted by the appropriate trade union or staff association within the rules of that body. 10 STATUS OF AGREEMENT This revised agreement will continue to be reviewed every three years by the Executive Director of Workforce and Communications in consultation with Trust Council. Author(s): HR & Communications Other contributors: Trade Union Representatives Approvals and endorsements: Corporate Risk Committee Consultation: Trust Council Issue no: 5 File name: Charlie S: Personnel/Policies/2016/PP(16)055 Time off for trade union duties and activities Supercedes: PP(14)055 Equality Assessed Yes Implementation Policies will be checked by HR Manager. Distribution to all Managers. Published on the Intranet. Source: HR & Communications Status: Approved Page 8 of 10
Monitoring: (give brief details how this will be done) Other relevant policies/documents & references: Additional Information: Implementation, compliance and effectiveness of this policy will be monitored by Trust Council 100% of any requests received into the HR Directorate will be handled in line with the policy and will be in Trade Union Files None None Source: HR & Communications Status: Approved Page 9 of 10
Appendix 1 PROFORMA FOR TIME OFF FOR TRADE UNION TRUST BUSINESS, STUDY LEAVE & NATIONAL DUTIES Date Requested Name of Representative Business/Issue Date and Time required Requests for Paid time off (Please tick as appropriate) Requests for Unpaid time off (Please tick as appropriate) Approved by Line Manager (signature) This form is to be completed and submitted to your appropriate Manager at the earliest opportunity (normally no less than one working day) for approval Signed Print Name Date... Source: HR & Communications Status: Approved Page 10 of 10 Issue date: August 2014 Valid until date: August 2016 Document reference PP(14)055