What to consider when setting up or reviewing a facilities agreement.
Most employers who recognise trade unions will have some form of time off and facilities agreement. This could be a separate facilities agreement or part of a broader recognition or partnership agreement. We recommend you push for a stand-alone agreement as this highlights the status and importance of this crucial aspect of union work.
Benefits of an effective agreement
The Advisory, Conciliation and Arbitration Service (Acas) Code of Practice identifies several benefits of having a clear agreement on time off:
- Providing clear guidelines.
- Establishing realistic expectations for union reps and managers.
- Avoiding misunderstandings.
- Facilitating better planning.
- Ensuring fair and reasonable treatment
Becoming familiar with your local policy regarding time off is essential. This information should be available on the staff intranet, staff handbook, or from your human resources department.
Minimum standards and regional specifics
In the NHS: agreements should provide at least the minimum outlined in the NHS Terms and Conditions Handbook (detailed in Section 25).
Scotland: health boards should base their time off policies on the Partnership Information Network (PIN) policy.
Northern Ireland: the Labour Relations Agency (LRA) sets the minimum standards for time off, detailed in the LRA code of practice.
Reviewing time off and facilities agreements
Regularly review and negotiate your local time off and facilities agreements with staff side and management. Key points to consider include:
- Representation: ensure it’s clear who is covered by the agreement and that appointing union reps is the union’s responsibility.
- Function of representatives: clarify the roles of reps, including duties around recruiting new members and organising the workplace.
- Trade union activities: negotiate reasonable paid time off for activities such as annual conferences or regional meetings.
- Time off arrangements: encourage flexibility in time off definitions, considering the changing demands of the role and accommodating part-time or shift workers.
- Training: ensure the agreement specifies reasonable time off for training, including induction training for new reps.
- Facilities: specify the facilities provided for reps, such as access to IT and lockable storage for confidential notes.
- Confidentiality: include provisions for the confidentiality of union communications and a commitment that management will not monitor union emails or communications.
Improving facilities agreements:
To negotiate or improve a facilities agreement, consider the following strategies:
- Gather evidence: compile data on how facilities time has previously enhanced workplace relations and resolved issues, demonstrating the tangible benefits of union activities.
- Engage stakeholders: actively involve both management and union members in discussions about the facilities agreement to build a broad base of support.
- Highlight best practices: reference successful facilities agreements from other sectors or organisations, such as the national facilities agreement in Scotland, which can serve as a robust model.
- Communicate benefits: articulate the mutual advantages of a well-supported union, highlighting improvements in employee satisfaction, reduction in workplace conflicts, and enhanced negotiation effectiveness.
Further resources
Reviewing and negotiating your time off and facilities agreement ensures it remains relevant and beneficial for both staff and management.