NHSScotland 'Once for Scotland' workforce policies: consultation

3. Facilities Arrangements for Trade Unions and Professional Organisations Policy

3.1. Aim

3.1.1. The Facilities Arrangements Policy aims to:

• Provide detail on how facilities arrangements support partnership and trade union working.
• Explain the difference between trade union duties, trade union activities and partnership working.
• Outline the legal framework that underpins the various activities that can be undertaken by recognised trade union and professional organisations and accredited representatives in NHSScotland.
• Detail the scoping and funding of facilities agreements.

3.2. Scope

3.2.1. This policy applies to all accredited representatives of recognised Trade Union and Professional Organisations.

3.2.2. This policy complies with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010.

3.3. Definitions

3.3.1. Area Partnership Forum is the organisation-wide body which supports joint working between the trade unions and professional organisations and the employer. It has information-sharing, consultation, negotiation and oversight functions to ensure partnership working is embedded within the Board.

3.3.2. Employee Director is the elected chair of the staff side organisations within an NHS Board. In addition to being a representative of their own trade union or professional body, they are also an appointed non-executive director of the NHS Board.

3.3.3. Facility time is time off from an employee’s job granted by the employer to carry out their trade union or professional organisation role.

3.3.4. Health and safety representatives advise and support members on health and safety generally including raising concerns about potential hazards and dangers.

3.3.5. Learning representatives are influential in supporting, developing, and improving the learning culture within the workplace. They raise awareness about the value of learning, help organise courses in the workplace and support and encourage members to take part in learning.

3.3.6. Local Negotiating Committees is the organisation-wide body which supports joint working between the professional organisations which represent medical and dental employees and the employer. It has information-sharing, consultation, and negotiation functions.

3.3.7. Partnership representatives work with the employer to achieve an end goal that is beneficial for both the organisation and the employee. They are agreed by the Board’s Area Partnership Forum to represent all trade unions on joint working groups.

3.3.8. Partnership working is the approach to employee relations within NHSScotland. It engages staff in governance and decision making at multiple levels.

3.3.9. Trade unions and professional organisations are independent bodies which represent the employment rights and interests of their members.

3.3.10. Trade union workplace representatives advise and support members with individual issues, such as disciplinary cases, as well as in collective issues, including industrial action.

3.4. Roles and responsibilities

3.4.1. There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy. 

3.4.2. Employer

3.4.3. The employer should:

• Promote and actively participate in partnership working as the model of employee relations within the Board.
• Provide facilities, including time, to recognised trade unions and professional organisations.
• Put in place a framework, agreed by the Area Partnership Forum, to oversee facility time.
• Make sure that management at all levels is familiar with this policy.
• Make sure there is no victimisation or detrimental treatment of employees regarding their trade union or professional organisation involvement.

3.4.4. Manager

3.4.5. The manager should:

• Be familiar with this policy.
• Meet regularly with representatives within direct management to discuss facilities arrangements.
• Consider time off requests and be flexible where possible to support representatives’ facility time, potentially at short notice.
• Record facility time for trade union duties and activities on the Scottish Standard Time System (SSTS)

3.4.6. Trade Unions and Professional Organisations

3.4.7. Recognised trade unions and professional organisations should:

• Elect and accredit representatives in accordance with their internal arrangements.
• Inform the employer of accredited representatives and areas of responsibility.
• Provide appropriate training for their representatives.
• Make sure representatives are familiar with the terms of this policy.
• Make sure that the time and resources provided in this context are used appropriately.
• Make sure representatives give reasonable notice of time off requirements where possible.
• Comply with monitoring arrangements.

3.4.8. Accredited representatives

3.4.9. Accredited representatives should:

• Meet regularly with the manager to discuss facilities arrangements.
• Give reasonable notice of facility time requirements and requests where possible.
• Record activity on the approved documentation.

3.4.10. Employee Director

3.4.11. The Employee Director should:

• Chair the Board staff side group.
• Provide an employee perspective on strategy development and service delivery issues.
• Act as a focal point for employees from across the local NHS system who wish to contribute to the business of the NHS Board.
• Champion partnership working and promote opportunities for employees to be involved in decision-making locally.
• Reflect the views of the Area Partnership Forum on compliance with the Staff Governance Standard.
• Provide a link between the Area Partnership Forum and the NHS Board.

3.5. Procedure

3.5.1. Facilities arrangements are negotiated by trade union and professional organisations on behalf of their accredited representatives to carry out activities and duties for their members.

3.5.2. Trade union and professional organisation activities include:

• recruitment
• campaigning
• attending branch meetings

3.5.3. Trade union and professional organisation duties include:

• representation
• negotiation and consultation
• training

3.5.4. Partnership working is the agreed model of employee relations within NHSScotland. To support this model, accredited representatives can undertake partnership roles in the interests of all employees. This can include, for example, organisational change or short-term working groups for service development. Accredited representatives are also entitled to reasonable paid time off that has been approved to undertake these activities.

3.5.5. It is recognised that some accredited representatives may have a need for additional facility time. These may include:

• branch secretaries
• members of Local Negotiating Committees and Area Partnership Forums
• those undertaking specific partnership roles
• participants in national groups

3.5.6. Whether carrying out trade union and professional organisation responsibilities or working in partnership, both elements are key to service delivery and the achievement of the Staff Governance Standard.

3.5.7. Procedure for agreeing time off

3.5.8. Accredited trade union and professional organisation representatives are legally entitled to paid time off during working hours, subject to reasonable notice. Requests for paid time off should not be unreasonably refused, subject to negotiation with the relevant service. Where paid time off has been approved, this should be paid as if at work (PAIAW).

3.5.9. Procedure for ad-hoc requests

3.5.10. When a manager has been notified that an employee has become an accredited representative, they should arrange to meet. They should discuss arrangements for agreeing time off and any other facilities that might be needed.

3.5.11. The representative should make the manager aware of any pre-planned regular commitments. For example, attendance at local partnership meetings. Advance notice will support planning for time off.

3.5.12. For short notice requests, the representative should contact the manager as agreed in their initial discussions.

3.5.13. At the end of each month, to record all facility time taken, the representative should complete a retrospective Facility time request form [insert hyperlink to Facility time request form].

3.5.14. Procedure for substantial release

3.5.15. For some accredited representatives, the nature of the roles they undertake will require more substantial facility time. To support this work, discussions should take place between the trade union and the designated representative of the employer. Where it is agreed that there is a requirement for the accredited representative to be released from some or all of their substantive post, a formal release agreement should be provided.

3.5.16. A formal release agreement will cover:

• continuity of employment
• protection of existing terms and conditions
• reporting and appraisal arrangements
• duration
• continuous professional development and accreditation
• exit strategy

3.5.17. A record of the level of facility time granted should be maintained.

3.5.18. Agreement should be reached locally on the process for submission and reporting of time off requests.

3.5.19. General facilities and resources

3.5.20. NHS Boards should agree on other resources with trade unions and professional organisations that accredited representatives require to carry out their duties and activities. This may include office accommodation, access to computers and telephone, and the scope to deduct membership fees via the payroll.

3.5.21. Funding

3.5.22. Each board should put in place a mechanism, agreed by the Area Partnership Forum, which enables overall facility time requirements to be identified. The method of funding should be determined locally. It should adhere to the principles of fairness, equity, and transparency across the organisation and the recognised trade unions and professional organisations.

3.5.23. Recording and monitoring facility time

3.5.24. The Area Partnership Forum is responsible for the monitoring of facility time including resolving any disagreements that may arise.

3.5.25. NHS Boards are legally required to produce information related to the time and cost of trade union activities and duties on an annual basis. To enable this to happen, trade union duties and activities must be recorded.

3.5.26. It is important to monitor separately the time spent on trade union activities and duties, and partnership duties. For those on substantial release an agreed nominal split of partnership and trade union activities and duties is required for reporting purposes.

3.6. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide

Descriptor: guide to help employees use and understand the Facilities Arrangements for Trade Unions and Professional Organisations Policy. This will include the arrangements for ad hoc and substantial release of representatives and individual recording arrangements.

• Manager guide

Descriptor: guide to help managers use and understand the Facilities Arrangements for Trade Unions and Professional Organisations Policy. This will include information on the importance of trade unions and professional organisations in the governance processes of NHSScotland.

• Facilities Arrangements for Trade Unions and Professional Organisations policy flowchart

Descriptor: visual and text alternative flowcharts outlining the key steps in the Facilities Arrangements for Trade Unions and Professional Organisations Policy

• Facility Time Request and Monitoring Form

Descriptor: A retrospective form for completion by accredited representatives detailing time off requests for reporting purposes.

• Release Agreement

Descriptor: A template agreement document for accredited representatives for substantial release.

3.7. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.