PI 09: Trade Union Facility Time

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CONTENTS

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1.Executive Summary

Background

1.1This Instruction sets out the mandatory requirements for the authorising, reporting and monitoring of TradeUnion facility time within NOMS.

1.2The Civil Service recognises the important role that the Trade Unions play in a modern workplace and the benefits that are brought to both employer and employees when departments and Trade Unions work well together. The Cabinet Office has published a Framework on the use of Trade Union facility time across the civil service. This Framework is binding on NOMS and in the case of any conflicts with this instruction the requirements of the Framework will apply (see Appendix 1).

1.3Facility Time is the provision of time off from an employee’s contractual role to undertake Trade Union duties and activities when they are electedas a representative of a Trade Union. In NOMS, the relevant Trade Unions are as follows:

• Prison Officers’ Association (POA)
• Public and Commercial Services union (PCS)
• Prison Governors’ Association (PGA)
• Prospect
• FDA
• Unite
• General and Municipal Boiler Makers (GMB)
• Union of Construction and Allied Technical Trades (UCATT)
• Napo
• UNISON
• GMB/Society of Chief Officers of Probation (GMB/SCOOP)

1.4These Trade Unions are recognised by NOMS for collective bargaining on behalf of their members. Facility time may not be granted to a representative or member of any other Trade Union under the terms of this Instruction.

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1.5Members of the above Trade Unions may also be granted (paid or unpaid) facility time to enable them to participate in the conduct of business by the Trade Union. This Instruction, however, primarily concerns members of staff who have been electedas representativesof their Trade Union.

1.6This Instruction only applies to staff directly employed by NOMS (including HMPS and NPS). It does not cover employees of other organisations, self-employed individuals or contractors, nor will facility time be allowed to represent those people on an individual or collective basis.

1.7This Instruction does not cover the provision of other facilities (such as office accommodation or use of official equipment) which are set out in the agreements or arrangementsNOMS has with individualrecognised Trade Unions (see Appendix 1).

1.8It is expected that Community Rehabilitation Companies (CRCs) will follow the principles espoused in this Instruction.

1.9The purpose of facility time is to enable NOMS to engage with its staff and to meet its legal obligations under the relevant legislation and to promote positive employee relations. However, facility time must be managed effectively to ensure that the most efficient use possible is made of NOMS resources.

1.10NOMS is required to report its facility time usage to the Cabinet Office each quarter and to account to Ministers on its management.

Desired Outcomes

1.11This Instruction aims to ensure that:

• Managers at all levels manage facility time in accordance with Cabinet Office guidance
• Governors and Heads of Group monitor the use of facility time and report this on a quarterly and annual basis
• NOMS reports the amount of facility time used within the estate to the Cabinet Office promptly and accurately each quarter
• Trade Union representatives are aware of the NOMS policy on the management of facility time when submitting applications

Application

1.12Chapter 2 sets out the principles which apply to facility time applications. All managers andTrade Union representatives must be familiar with this chapter.

1.13Chapter3set out the processes to be followed by Trade Union representatives when applying for facility time.

1.14Chapter 4 sets out the process to be followed by line managers when considering and authorising or refusing applications.

1.15Chapter 5sets out the mandatory recording and reporting process to be followed by line managers, Governors, Heads of Group and Employee Relations (HR Directorate).

Mandatory actions

1.16This instruction must be used whenever trade union facility time is requested.All Trade Union work undertaken during a representative’s working hours (not including rest days, annual leave or lunch breaks) is subject to this Instruction.There are no categories of Trade Union work exempt from this Instruction.

1.17All steps mandated in this instruction must be completed before Managers can authorise, or Trade Union representatives can take, facility time.

1.18Governors and Heads of Groups and other more senior managers must ensure that all managers and Trade Union officials are made aware of this Instruction.

Resource Impact

1.19The new application system and the necessity to record facility time usage may result in a slight increase in time spent managing Trade Union representatives by individual line managers.

(Approved for Publication)

Carol Carpenter

HR Director, NOMS

2. Introduction: Principles

Policy Principles

2.1The aim of this Instruction is to provide a framework for the management of facility time within NOMS, enabling compliance with legal obligations and with Cabinet Office guidelines and to foster effective and positive employee relations.

2.2NOMS supports the system of collective bargaining and the principle of solving employee relations problems by discussion and agreement. This document provides the recognised NOMS Trade Unions with sufficient time to properly represent their members and to conduct collective bargaining. NOMS values this positive engagement with Trade Unions at all levels as a means of fostering harmonious, effective and efficient employee relations. The objectives of any engagement will be to agree changes, wherever relevant, reach consensus, wherever possible, or obtain acceptance without the recourse to unilateral action on either side.

2.3This Instruction provides theprocess by which Trade Union representatives may request facility time to carry out theirTrade Union role and details the steps that line managers must take to authorise, record and report such time.It has been designed to inform and advise managers of their responsibilities regarding:

• When paid facility time may be authorised
• When unpaid facility time may be authorised
• How such time must be recorded and reported

2.4Trade Union membersmay also be granted(paid or unpaid) facility time to enable them to participate in the conduct of the business of the Trade Union. This Instruction, however, primarily concerns staff that have been elected or appointed to a representative role within their Trade Union.

General principles

2.5Trade Union representatives have a legal right to reasonable paid time off to carry out Trade Union Duties; they also have a legal right to reasonable unpaid time off to carry out Trade Union Activities.

2.6Time off, whether paid or unpaid, to carry out a Trade Union role is known as ‘facility time’ (see appendix 1). Facility time must not be provided for:

• The planning or, promotion of, or participation in, any industrial action
• Political activity

2.7Cabinet Office guidelines have determined that ‘reasonable’ paid time off can be defined as equating to a guide figure of no more than 0.1% of a civil service organisation’s annual pay bill for allpaidfacility time taken within the organisation by all Trade Unions. This figure may change from time to time and NOMS will publish any revised figure and discuss the implications with Trade Unions. Within the confines of this figure, NOMS will discuss with Trade Unions how this will impact upon them and any roles within their organisations they would wish to have “fixed” facility allowances for their representatives (see below). The facility time “year” runs from 1 April to 31 March.

2.8Representatives must spend at least 50% of their time in their civil service role. This includes part-time workers and those working shifts. There is no limit to the number of Trade Union posts or roles a representative can occupy (known as “layering”) as long as the annual 50% limit is not breached. Before the start of the facility time year, NOMS and Trade Unions at the national level, will discuss any “fixed” facility time allowances a Trade Union may wish to allocate to any of its representatives. These are normally expressed in percentage terms or as a specific number of hours/days per week.

2.9Trade Union representatives should notify their line manager verbally as soon as they are elected and confirm this in writing within 14 days of their election to any and all Trade Union positions. All subsequent changes should also be notified to their line manager.

2.10Authorisation for facility time will be given to newly elected representatives when notification has been received in line with the above process. All line managers and Trade Union representatives should discuss at an early stage following the latter’s election to their post, how the requirements of this Instruction will be implemented in practice including any flexibility and changes to workloads which may be required to reflect the working arrangements of the establishment/unit and the Trade Union.It is accepted that, as long as core work is completed, less work will be done when representatives conduct Trade Union business and that, as cover cannot always be provided, a reduction in the quality of service offered may have to be accepted as a result.

2.11Establishments and Groups should notify Employee Relations of any representatives elected to a “national” position according to the following:

• POA – members of the National Executive Committee (NEC)
• PCS – members of the Branch Executive Committee (BEC) or NEC
• PGA - members of the NEC
• Prospect – members of the BEC or NEC
• FDA - members of the BEC or NEC
• GMB, UCATT and Unite – representatives elected or appointed as “national” representatives within NOMS
• Napo, UNISON and GMB/SCOOP – members of BEC and/or NEC

3.Requesting Facility Time

3.1All requests for facility time (paid or unpaid) shouldbe made as early in advance as possible on the application form attached to this PSI as Appendix 2. These may be submitted electronically.All sections of the form must be completed and the line manager’s sign off obtained in advance of the time requested being taken. In exceptional circumstances, a verbal application may be madebut this must subsequently be confirmed by use of a completed application form.

3.2Multiple requests for facility time may be made at the same time and on the same formfor example, representatives holding a fixed allowance may request time substantially in advance of when it is to be taken (perhaps on a monthly basis).

3.3If possible, supporting evidence for the application should be attachedto the application form. Examples of this are confirmations and agendas of meetings; notice of disciplinary or grievance hearings; and, safety inspection schedules. It is not possible to detail all types of evidence which should be submitted and care should be taken to avoid providing details which may compromise propriety or the confidentiality of individuals. It is accepted that suitable written evidence will not always be available to support applications and a level of trust and common sense should be applied.

3.4Line managers are required to retain a record of all applications in order to comply with monitoring requirements detailed in section 4.

4.Authorising Facility Time

4.1All facility time applications must be considered by a representative’s line manager or, if unavailable, the manager’s manager and a decision made to enable the time to be taken by the representative (if authorised). Managersshould only authorise facility time following the submission of a fully completed application form submitted in advance of the time requested (save for the exceptional applications set out in paragraph 2.1). Exceptionally, Governors and Heads of Groups may delegate responsibility for authorising facility time to a more senior manager.

4.2Applications should be considered by the line manager according to the following criteria:

• That the time requested is reasonable and does not include time spent travelling to conduct business away from the representatives usual workplace

• That the business needs of the establishment/group allow the request to be granted (balanced against the benefits which may accrue to the organisation as a whole in terms of the positive engagement of staff resulting from the release of the representative)

• That the time is requested for one of the purposes set out in the Cabinet Office list of Activities and Duties (see Appendix 1)

• That the time sought has been correctly classifiedas a duty or activity

• That granting the request will not result in the trade union representative spending less than 50% of their time delivering their Civil Service (NOMS) role (but recognising the need for some flexibility in how this is applied). Line managers should keep the facility time taken under review and take account of the expected outturn when considering requests

4.3Managers may ask questions in order to determine whether the time requested is legitimate and whether it constitutes a duty (paid) or activity (generally unpaid). Care should be taken to avoid seeking details which may compromise propriety or the confidentiality of individuals or the integrity of the representative and a level of trust and common sense should be applied.In cases of doubt, managers should seek the advice of the HR Business Partner (HRBP) or Employee Relations.

4.4If the line manager refuses an application, the matter may be pursued by the representative through the management line.

4.5Facility time may only be approved for purposes listed in Appendix 1.Any requests for authorisation of facility time that fall outside of these Cabinet Office Guidelines must be referred to the HRBP or Employee Relations for advice prior to a decision being taken.

Training

4.6Applications for facility time for training can fall into either category: duty or activity depending on the content. It has been agreed that:

• Initial training provided by the Trade Union to enable the Representative to undertake their duties to a basic level of competence will be classed as a duty for which paid facility time can be granted, subject to the other considerations set out above. This will generally be provided by the Trade Union through the TUC and consist of a 10-day course covering the role of a representative or a Safety Representative

• Training which involves issues related to negotiations or collective bargaining with the employerwill generally be classed as a duty for which paid facility time can be grantedsubject to the other considerations set out above

• Training which is primarily concernedwith the internal running or administration of the Trade Union itself will normally be an activity for which unpaidfacility time can be grantedsubject to the other considerations set out above

4.7In cases of doubt, managers should seek the advice of the HRBP or Employee Relations prior to making a decision on whether to authorise facility time for training.

Authorisation

4.8If facility time (paid or unpaid) is authorised, then this should be recorded on the application form and the form returned to the applicant. A copy must be retained by the manager for auditing and monitoring purposes (see section 4).

4.9Where unpaid facility time has been authorised, line managers are required to ensure that the necessary forms(AUA1 and AUA3 available on My Services)are submitted to Shared Services to enable pay deductions to be made.

4.10All facility time authorised to representatives who are rostered(operational) staff should be recorded on InVision.

Refusals and Appeals

4.11Managers should be aware of the department’s obligation to support Trade Union representation and must not unreasonably refuse requests for facility time. In the event of facility time being refused (wholly or partially) the manager should provide the representative with written reasons for doing so and these should be sufficient and timely enough to enable them to make representations to a more senior manager if they so choose.

5.Recording and Reporting Facility Time