General Note
NHS Fife acknowledges and agrees with the importance of regular and timely review of policy/procedure statements and aims to review policies within the timescales set out.
New policies/procedures will be subject to a review date of no more than 1 year from the date of first issue.
Reviewed policies/procedures will have a review date set that is relevant to the content (advised by the author) but will be no longer than 3 years.
If a policy/procedure is past its review date then the content will remain extant until such time as the policy/procedure review is complete and the new version published, or there are national policy or legislative changes.
1. FUNCTION
1.1 This Facilities Agreement identifies the framework for facilities and time-off for accredited representatives of recognised independent trade unions / professional organisations.
1.2 It takes cognisance of the relevant statutory framework, including the following:
- Health and Safety at Work etc Act 1974 and related legislation;
- Trade Union and Labour Relations (Consolidation) Act 1992;
- Employment Rights Act 1996;
- Employment Relations Act 1999;
- National Health Service Reform (Scotland) Act 2004; and
- “ACAS Code of Practice – Time Off for Trade Union Duties and Activities”
- Trade Union Act 2016;
- Equality Act 2010;
- Facilities Arrangements for Trade Unions and Professional Organisations Pin Policy May 2011;
- Staff Governance Standard
2. LOCATION
This policy applies to all employees of NHS Fife.
3. RESPONSIBILITY
The responsibility for the application of the policy rests with Line Managers within NHS Fife, HR staff and partnership/staff side representatives.
4. OPERATIONAL SYSTEM
4.1 NHS Fife recognises that time off for trade union / professional organisation duties and activities as well as the practical support (or “facilities”) needed to carry out all trade union / professional organisation work will be to the mutual benefit of the employer and trade union / professional organisations.
NHS Fife recognises that it is vital to good employee relations that its workforce should be represented by accredited officials of recognised trade unions / professional organisations at individual departmental, directorate, divisional and corporate levels.
NHS Fife is committed to partnership working and recognises that investment in good facilities arrangements is key to the effective management of the people who deliver health services to meet patient needs.
4.4 NHS Fife recognises the significant increase in demands made on trade unions / professional organisations within the Staff Governance Standard and is committed to supporting the roles required as detailed in the National Health Service Reform (Scotland) Act 2004.
5. Employer Responsibilities
5.1 NHS Fife will:
- Put in place a mechanism, agreed by the Area Partnership Forum (or equivalent), to enable facilities time to be quantified, funded, monitored and to demonstrate adherence to the principles of ensuring that facilities time funding is fair and equitable across the organisation;
- Ensure that management at all levels are familiar with arrangements relating to the Facilities Agreement;
- Ensure no victimisation or detrimental treatment of employees and their representatives in respect of their trade union / professional organisation involvement;
- Ensure there is no victimisation of persons who have a protected characteristic as defined by the Equality Act 2010;
- Provide facilities to recognised trade union / professional organisations as detailed in 5.2 below.
- Ask managers to provide those staff requesting time off with a response to their request within a reasonable timescale and where a request cannot be supported to provide a written explanation to the applicant on the agreed form with the reason for this.
NHS Fife will provide the following facilities to recognised trade unions / professional organisations:
- Appropriate accommodation for meetings and trade union / professional organisation education, subject to availability;
- Facilities for the deduction of trade union / professional organisation subscriptions from payroll. Information will be provided to trade unions / professional organisations in the format requested;
- Where practicable, provide organisational contact details of new employees or those employees changing jobs, or alternatively provide such employees with contact details of recognised trade unions / professional organisations;
- Secure office accommodation (including the provision of reasonable storage facilities for documentation) for use by representatives, to ensure that confidentiality can be maintained in the carrying out of trade union /professional organisation activity;
- Access to internal and external telephones for use in trade union / professional organisation activity with due regard given the need for privacy and confidentiality;
- Access to the internal mail system. Where it is considered necessary to distribute to particular workplaces by post, NHS Fife will bear the cost where mailings are agreed in advance;
- Access to the employer’s intranet and email systems;
- The use of computers etc for essential work in respect of TU activities/duties;
- Access to administrative support to the trade union / professional organisation officers of the Local Negotiating Committees and / or Local Partnership Forums, with due regard given to the need for privacy and confidentiality;
- Access to the organisation’s notice boards at all major locations for display of official trade union / professional organisation literature and information. Notices distributed elsewhere on organisation premises must be with prior consent;
- Access for representatives to all documents relating to agreements which affect represented members;
- Access to information for collective bargaining as specified by the “ACAS Code of Practice – Disclosure of Information to Trade Unions for Collective Bargaining Purposes”;
- Access for representatives to all relevant information, such as minutes and agendas pertinent to the partnership process, including the local delivery plan, financial plans, service development and review plans;
- Facilities for representatives to meet with full-time officers by arrangement; and
- Facilities to enable recognised trade unions / professional organisations to conduct a ballot where required by law.
6. Trade Union / Professional Organisation Responsibilities
Recognised trade unions / professional organisations will:
- Elect and accredit representatives in accordance with trade union / professional organisation constitutions;
- Notify the Director of Workforce of accredited representatives and areas of responsibility;
- Provide appropriate training for their representatives;
- Ensure accredited representatives are familiar with the Facilities Agreement provisions;
- Ensure that the time and resources provided in this context will be used appropriately and cost effectively;
- Ensure representatives give reasonable notice of time off requirements and comply with monitoring arrangements.
Accredited trade union / professional organisation representatives will:
- Abide by the rules of their trade union / professional organisation and the policies and procedures of NHS Fife;
- Represent their members on matters that are of mutual concern to NHS Fife and its employees;
- Give reasonable notice of time off requirements. Where possible, pre-planned commitments should be notified over the prospective six or twelve week period. It is recognised that this will be possible for groups which set the dates of their meeting well in advance (e.g APF, Board Committees). It is also recognised that these may be altered by the employer. In these instances the employer will seek wherever possible to support the altered date of attendance in line with the original approval given. Notification of time off for training courses should be given as early as possible and no later than four weeks prior to the training course.
7. Requests for facilities time and arrangements
7.1 It is not possible to be prescriptive about all the roles that require to be undertaken within NHS Fife or to be exact about the time required to carry them out. It is agreed that requests for paid time off will not be unreasonably refused. If requests are refused the reasons for the refusal will be provided in writing.
7.2 Subject to reasonable notification, accredited trade union / professional organisation representatives will be permitted paid time off during working hours to carry out duties that are concerned with negotiation and consultation with NHS Fife and for duties connected with meeting the requirements of the Staff Governance Standard including:
- Support and encourage staff to participate and complete staff surveys;
- Negotiation of terms and conditions of employment, attendance at Local Negotiating Committees or Sub-Committees, and relevant national bodies;
- Matters of discipline or grievance, including time to prepare for meetings called under the relevant procedures;
- The physical conditions in which staff are required to work, including participation in risk assessment programmes and local Health and Safety Committees;
- Recruitmentof employees to trade union / professional organisation membership, in particular attendance at employee induction courses;
- Allocation of work or the duties of employment between workers or groups of workers;
- Machinery for consultation, including participation in the Area Partnership Forum or its sub groups, time to prepare for such meetings and disseminate information and outcomes to members and the time involved for travel for meetings away from the workplace. This also includes participation in relevant area-wide, inter-agency or Scottish Forums.
7.3 In addition, paid time off will normally be granted to notified delegates for attendance at trade union / professional organisation group meetings or conferences. It is expected that the trade unions / professional organisations will meet the costs of delegates’ attendance (travel, subsistence etc).
Reasonable time off with pay will be granted to attend training courses approved by the TUC, the STUC or recognised trade unions / professional organisations. Requests should normally be made to the appropriate line manager at least four weeks in advance of the start of the course. Details of the course should be provided. Trade union / professional organisation branches should seek to undertake annual training needs assessment of representatives and branch officers and notify NHS Fife of requirements. Programmes of training may include joint courses with the employer.
7.5 Where time off with pay has been approved, the payment due will equate to the earnings the employee would otherwise have received had they been at work.
7.6 Where meetings called by management are held on matters covered by 4.2 above and where trade union / professional organisation representatives have to attend outwith their normal working hours, appropriate payment will be made or equivalent time off granted. This also applies to approved training courses which extend beyond contracted hours.
It is recognised that senior trade union / professional organisation representatives, branch secretaries and officers of Local Negotiating Committees and Area Partnership Forums (or their equivalent) bear a greater responsibility in terms of trade union / professional organisation duties. NHS Fife will, therefore, conclude agreements with trade union / professional organisations on appropriate secured paid time off for such representatives and arrangements for replacement staffing.
8. Planned release arrangements
Where full time release for trade union / professional organisation duties is granted to a representative, arrangements should be made in line with the Secondment Policy (where appropriate).
9. Funding arrangements
The Board will put in place a mechanism, agreed by the Area Partnership Forum (or equivalent), to enable facilities time to be quantified, funded, monitored and to demonstrate adherence to the principles of ensuring that facilities time funding is fair and equitable across the organisation. This mechanism will be used to fund replacement staffing where, for example, agreements are made for planned release, or where ad hoc release occurs. A Facilities Management Tool to assist this process is provided at Annex A of the Policy.
10. Procedure for agreeing time off
10.1 Funding
A sub-group of the Area Partnership Forum will agree the time/backfilling funds / physical resources required to support the role of trade union / professional organisation representatives in the employee relations agenda. The group will use the Facilities Management Tool (individual) as part of the scoping exercise and will take account of good practice as described in the Facilities Arrangements for Trade Union & Professional Organisations PIN Policy. Recommendations will be made to the Area Partnership Forum on how funds are put to best use.
Recording and monitoring Facilities Time
It is the responsibility of the trade union / professional organisation representative to ensure that they maintain an accurate record of the facilities time required to undertake their trade union / professional organisation duties and activities. This is achieved through the use of the Facilities Time Request and Monitoring Form provided at Annex B of this Policy.
This form serves three functions: firstly, it acts as a means of recording formal authorisation given by the line manager; secondly, it requires the line manager to record the reason when authorisation has been withheld; and thirdly, it helps to build an accurate picture of the amount of time invested in the role of trade union / professional organisation representatives.
Trade union / professional organisation representatives must submit requests for planned facilities time within agreed timescales for authorisation by their line manager. At the end of each month, the trade union / professional organisation representative must complete the form on a retrospective basis, listing ad hoc or unplanned facilities time engagements.
Where approved, the line manager is responsible for ensuring facilities time is recorded correctly and accurately within the National Payroll, Expenses and Time Recording System (SSTS).
Completed forms will be submitted to the HR Department for the compilation of a statistical report which will be presented to the Area Partnership Forum on an annual basis (or as agreed) as part of the review of the Facilities Agreement.
11. Settling differences of opinion
11.1 In the event of disagreement over the granting of time off, the advice of the HR department should be sought to seek an informal resolution. This may involve a senior trade union / professional organisation representative or full-time official as appropriate and as determined by the trade union / professional organisation.
In the event of the matter remaining in dispute, the issue may be dealt with through NHS Fife’s Grievance procedure.
Annex A: Facilities Management Tool (Individual)
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A. |
BASIC STEWARDING / REPRESENTATIVE ROLE |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Recruitment/ Induction |
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2. |
Grievance (preparation) |
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3. |
Disciplinary (preparation) |
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4. |
Advice / Guidance (informal resolution) |
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5. |
Consultation |
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6. |
Negotiation |
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7. |
Training |
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B. |
HEALTH & SAFETY |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Duties as Statutory Safety Representative |
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2. |
Health and Safety Committees |
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3. |
Policy Development |
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4. |
Training |
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C. |
TERMS AND CONDITIONS |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Briefing / Communication / Advice |
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2. |
Steering Committee |
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3. |
Job Matching |
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4. |
Job Evaluation |
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5. |
Job Analysis |
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6. |
Appeals |
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7. |
KSF / PDP activity |
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8. |
Training |
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D. |
PARTNERSHIP INITIATIVES |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Health Board Meetings / Sub Committees |
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2. |
Staff Governance Committee |
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3. |
Area Partnership Forum (APF) (or equivalent) |
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4. |
APF sub-groups |
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5. |
“Local” Partnership Forum (Divisional, CHP etc) |
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6. |
Service Planning / Re-design |
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7. |
Staff Side Meetings |
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8. |
Reading/ Preparation |
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9. |
Training |
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E. |
ROLE WITHIN WIDER TRADE UNION /PROFESSIONAL ORGANISATION OR STAFF SIDE ORGANISATION |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Scottish |
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2. |
UK |
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3. |
Other |
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F. |
ROLE WITH OTHER EMPLOYERS |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
PFI / PPP Contractors |
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2. |
Other (eg Nursing Homes etc) |
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G. |
UNIONLEARNING REPRESENTATIVE |
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AVERAGE HOURS PER MONTH |
AVERAGE COST PER MONTH |
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1. |
Statutory Role |
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2. |
Training |
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Annex B: Facilities Time Request and Monitoring Form
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NHS FIFE Facilities Time Request and Monitoring Form |
Section 1: To be completed by Staff Representative
Personal Details
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Name |
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Job Title |
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Ward / Department & Base |
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Phone |
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Trade Union / Professional Organisation |
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Origin of Request
Is your time out at the request of …. ? (please tick ü)
NHS Fife o Your union / organisation o
Your member(s) o Both / all parties o
Reason for needing time out (please tick ü)
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Partnership Fund Duties & Activities |
Area Partnership Forum o Local Partnership Forum o
(LNC or equivalent)
Partnership Working Group o Co-delivering local policy o
Training
Other (please specify) o
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Trade Union / Professional Organisation Duties & Activities |
Staff Side Group o Advising / representing members o
Attending in-house training o Off-site training / conference o
Other (please specify) o
1.4 Estimate of Facilities Requested
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Date(s) for time out |
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Start & end time |
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Total time required (including travel) |
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Date & time when back at work / on duty |
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Signature |
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Section 2: To be completed by Manager
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Facilities time approved |
Yes o
No (please specify reason) o
Where approved, manager is responsible for ensuring facilities time is recorded correctly and accurately within the National Payroll, Expenses and Time Recording System (SSTS)
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Partnership Fund Duties & Activities |
Yes o
No (please specify reason) o
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If time out attracts Partnership Fund money |
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Grade of replacement costs |
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Hours of replacement costs |
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Budget code to receive replacement costs |
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Name of manager (please print in block capitals) |
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Signature |
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Section 3: To be completed by Responsible Officer
I approve / do not approve (please delete as appropriate)of the Partnership Fund being used for this purpose. Please forward the necessary funds to budget code.
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Name of Responsible Officer (please print in block capitals) |
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Signature |
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Process
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Need for time off arises or has already risen
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↓ |
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Staff representative completes Section 1 & passes form to manager
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↓ |
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Manager completes Section 2 & passes form to responsible officer
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