Trade union recognition and facilities agreement

Facilities and time off

We will consider requests for time off from any employee who is an official or member of a recognised trade union. We commit to comply with our statutory duties to allow such time off.

The purpose of this agreement is to set out:

  • time off and facilities that we will provide to recognised unions
  • time off provided for members of these trade unions

Time off for trade union activities 

We will give union members reasonable time off during working hours to: 

  • take part in union activities 
  • access the services of a union learning representative.

The organisation will permit reasonable time off for the following activities: 

  • attending meetings at work to discuss and vote on matters that have been discussed between us and the union 
  • meeting to discuss issues relevant to the workplace that cannot be dealt with effectively outside of normal working hours and there is a direct benefit to both parties 
  • voting in union elections 

Approved time-off for a trade union activity will be without pay. This will also apply to lay members who have time-off to participate in an authorised activity during regular working hours. 

Time off for trade union duties 

We will grant reasonable time off during working hours to undertake the following responsibilities: 

  • negotiation in connection with collective bargaining matters for which the union is recognised 
  • obtaining information from, and consulting with us, on redundancy  
  • getting information from, and consulting with, any prospective transferee in a relevant transfer to which the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 apply 
  • receiving information from, and consulting with, the organisation under the TUPE regulations 
  • negotiating with the organisation to enter an agreement, or performing activities relating to an agreement, under Regulation 9 of TUPE 
  • accompanying an employee at hearings and meetings held under appropriate procedures, including: 
    • disciplinary 
    • capability 
    • absence 
    • grievance 
    • appeals  

At least annually, managers will provide employees with time off to prepare for these meetings. They will agree the amount of time off they can take in the following year depending on: 

  • the representative's duties 
  • the operational needs of the organisation 
  • the amount of time-off taken in the previous year 
  • the minimum amount of notice for specific types of absence 

Managers will discuss and agree on the provision of other facilities. 

Time off for training 

We will grant reasonable time off during working hours to undertake relevant training. This training needs to be relevant to the carrying out of their duties as a union representative in accordance with this agreement.  The TUC or appropriate union must approve any training. 

Time off for union learning representatives 

We will grant reasonable time off for training and undertake their duties. We will allow time off for the following duties: 

  • analysing learning or training needs 
  • providing information, advice and guidance on learning and training 
  • preparing for and promoting learning and training 
  • consulting us about such activities or preparing to undertake any such activities 

Payment 

We will pay for time off to carry out their duties and for training in accordance with this agreement. We will pay the amount they would have earned had they worked during the time off taken. If their earnings vary, we calculate the payment by using their average pay over the previous 12 weeks. 

We usually give paid time off for duties within and outside of the organisation. 

For duties outside the authority, examples are: 

  • representing the trade union at joint meetings to recommend terms and conditions of employees of local authorities 
  • attending conferences which are of value in relation to our services 
  • undertaking basic and further training relevant to carrying out their duties. The Trade Union Congress or the official’s union must approve this training
  • carrying out duties of an appointed or elected member of a national executive or national or regional governing body of a union. This duty is usually limited to an aggregate total of nine whole days or 18 half days in any 12 months. Officials may apply for additional time off with or without pay in exceptional circumstances. 

For duties inside the council, this includes: 

  • participating in collective bargaining as appropriate 
  • informing members of negotiations or consultations with us about statutory provisions 
  • attending grievance and disciplinary hearings and meetings with  
  • attending other meetings with members, held under appropriate procedures (for example, sickness, capability)
  • preparing for meetings 
  • supporting members through absence procedures 
  • supporting members when fit notes advise adjustments be made 
  • discussions with new employees regarding the union’s role in the industrial relations framework 
  • carrying out the functions of a trade union learning representative 

We will not usually pay a union or union learning representative for duties or training outside their regular working hours. We may pay a representative if they work flexibly (for example, shift work). Representatives who work part-time will be paid under the same arrangements as if they were full-time employees.