Facilities arrangements for trade unions and professional organisations: NHSScotland PIN Policy

1 Introduction

The success of the NHS, and the delivery of quality services, depends on the commitment of management, trade unions/professional organisations ⁶ and staff to establishing effective employee relations. Partnership processes and other procedural agreements will enable differences to be dealt with appropriately, while recognising that trade unions/professional organisations retain the right to represent and promote independently the interests of their members.

Partnership working within NHSScotland has progressed significantly since the publication of the Human Resources Strategy: 'Towards a New Way of Working (1998)' and the subsequent NHSMEL(1999)59: Local Partnership Agreements⁷ . The implementation of PIN publications and the Staff Governance Standard have built upon the foundations of partnership working, and now the inclusion of staff governance within the National Health Service Reform (Scotland) Act 2004⁸ makes it imperative for NHSScotland employers to invest in modern and robust Facilities Agreements.

Successful implementation of partnership working is contingent upon an effective system of employee relations built on sound facilities arrangements with trade unions/professional organisations. It is vital to good employee relations that the workforce is properly represented by recognised trade unions/professional organisations. Fully representative and effective trade unionism will enhance workplace employee relations. Facilities Agreements are the cornerstone of good employee relations and are key to the delivery of the Staff Governance Standard⁹.

In addition to partnership working, modern Facilities Agreements must encompass statutory provisions and legislative guidance beyond those required by the National Health Service Reform (Scotland) Act 2004. These provisions include ACAS guidance and NHS terms and conditions in regard to time off for trade union/professional organisation duties and activities.

Major changes in the workplace mean trade unions/professional organisations are now supporting more members in a wide variety of situations (such as integrated care, Community Health Partnerships, workforce and financial planning, procurement, eHealth etc.).

Traditional arrangements relying on legislative minimum standards are no longer enough, and a framework for facilities arrangements is essential. To this end, this PIN Policy seeks to set out:

a) The principles and practice which support facilities arrangements;

b) How facilities arrangements support partnership working;

c) The legal and policy framework; and

d) Advice on scoping and funding good Facilities Agreements.

This document also includes a Model Facilities Agreement for NHSScotland employers.

Indicators of success are outlined for local evaluation of implementation of this document. These indicators will be followed up through the accountability review process.