Trade Union Consultation Framework

​​​​​​​​​​​​​​​​​This framework sets out the common objectives agreed between the States Employment Board (SEB) the Employer, its people and recognised Trade Unions and Staff Associations to help conduct employee relations within the Government of Jersey.

Values

We are a values led organisation and as such, we will ensure that our values are at the forefront of everything we do, and every decision made.

We require our interactions to be respectful, we will ensure that rights, views, and feelings are fully considered.

Values and behaviours

Recognition of Trade Unions

We currently recognise the following Trade Unions as representing and having consultation and collective bargaining rights in respect of their members, and having collective bargaining rights for all the employees in the relevant bargaining units who are employed by the State's Employment Board (SEB).

If a new Union requests recognition and the statutory minimum numbers are reached, we will need to recognise that Union.

Statutory compliance

We will ensure that all matters are undertaken within statutory requirements and that there is nothing within this agreement which compromises the legal rights of any of the partners.

These statutory rights are included in the Codes of Practice Employment Relations (Jersey) Law 2007 and the Employment (Jersey) Law 2003.

Communication​

Inclusive approach to decision making

The SEB and its delegated officers are committed to working in collaboration with the Trade Unions, Staff Associations and Employee Networks through effective communication, engagement, and an inclusive approach to decision making.

Mutuality of interest

We will recognise the contribution of all parties and work in strategic collaboration with common aspirations and close mutual understanding and cooperation. We will work together with a shared objective, values and vision and the people strategy.

This agreement is intended to promote and assist in the establishment of:

• jointly agreed pay and conditions of employment
  
• good practice with regard to matters of employment and health and safety
  
• effective communication
  
• participation and involvement of staff
  
• effective and prompt resolution of issues and disputes
  
• equal opportunities in employment, and arrangements for discussion of professional issues concerning pay groups
  

The Trade Unions recognise that it is the Government of Jersey's responsibility to plan, organise and manage the delivery of public services in Jersey.

In turn, the Government of Jersey recognises the Trade Unions' right to represent and protect the interests of their members employed by the Government of Jersey both individually and collectively.

The Government of Jersey believes that representative Trade Unions help to ensure good employee relations. 

The Government of Jersey and the Trade Unions declare their commitment to maintaining good industrial relations and agree to make every effort to resolve any difficulties which may arise and to ensure that this agreement is effective. 

Communication

The Government of Jersey and the Trade Unions will be clear and consistent in all communications, following the engagement plan being established. This will be reinforced with agreed timescales for formal consultation and clear arrangements for dealing with formal disputes. 

In advance of significant announcements or communications where reasonably practicable, Trade Unions will be given advanced notice to assist in their communication with their members. The employer reserves the right to communicate directly with our employees, and in return places no restrictions on the ability of Trade Unions to communicate with their members.

Confidentiality

There will be occasions when information will be shared amongst the parties to this agreement, which may be sensitive, and will be provided on a confidential basis. Where information is shared on a confidential basis this will be explicitly stated. The confidentiality of information, where stated, shall be respected by all signatories to the agreement and nothing will be done to compromise or undermine both the spirit of the letter of the agreement in respect of sharing confidential information.

Transparency and openness

Transparency and openness are key to building trust between the Employer and the Trade Unions. Openness is a key value in ensuring a stronger working collaboration and relationship. The Employer and the Trade Unions will be clear and honest, creating a transparent and open environment that we can effectively operate in.

Resolution focused

The Government of Jersey and the Trade Unions will work together to solve problems; and will not seek to apportion blame. Where differences on issues occur, the Employer and the Trade Unions will engage in constructive dialogue to reach a mutually agreeable solution. The Employer and the Trade Unions will be resolution focused and inclusive and address conflicts at an early stage.

Key commitments

These framework commitments place responsibility and accountability on both the States Employment Board (SEB) and the Trade Unions to actively promote and abide by them at all times.

We:

• will create a culture which seeks to mitigate workplace conflict
  
• will work collectively and collaboratively together for mutual benefit
  
• will support the Trade Unions to promote membership
  
• are committed to supporting the training and development of Trade Union officials and workplace representatives within their roles, specifically, but not limited to health and safety, equality, diversity and inclusion, learning representatives, environmental representatives and employee representation. Indeed, any role covered by the respective Union rules at the date of this document of thereafter
  
• are committed to resolving differences before embarking on any form of industrial action
  
• will be non-adversarial in working together to resolve issues in the spirit of compromise rather than conflict
  
• will abide by our statutory responsibilities to inform, consult and negotiate
  

Consultation and negotiation

Consultation is the act of exchanging information and opinions about something to reach a better understanding of it or to make a decision. Different views on proposals can be expressed openly to inform and influence decision making with the aim of reaching an agreement. Consultation between the Government of Jersey and the Trade Unions will always be meaningful.

Adequate time will be provided for consultation. The Employer recognises that for some important issues the Trade Unions will want to discuss matters at an executive level or consult with its membership. Reasonable time for this to happen will be provided, however, consultation on any issue should not ideally last longer than 30 days. However, this could be extended by all parties by agreement. 

Management has the right and responsibility to manage and come to decisions where the content and views expressed through the consultation process have been given serious consideration. For serious and complex issues, this may take several rounds of negotiation to reach the best resolution. Management reserve the right to make a final decision.

We will use the consultation principles when communicating with the Trade Unions and our employees, these consultations will be in plain English, and we will avoid acronyms. Every consultation will have a purpose and will be informative, these will form part of the engagement process. We will ensure consultation times are proportionate.

Negotiation

Negotiation is a strategic discussion that resolves an issue in by way of an agreement that both parties find acceptable. We will seek to find common ground on an issue or issues of mutual interest or dispute. We are committed to negotiating on terms and conditions of employment with Trade Unions and Staff Associations, although not exhaustive, these may include:

• hours
• pay
• shift pay or unsocial hours payments
• overtime rates of pay
• standby, callout, recall to work payment
• annual leave entitlement

Matters for negotiation are set out under Action in Essential Services.

Failure to agree or collective dispute

The Government of Jersey and the Trade Unions agree that it is in the interests of all parties that consultation and negotiations are carried out expeditiously and with the aim of reaching an agreed settlement.

The Employment Relations (Jersey) Law 2007 ("the Employment Relations Law" a "collective employment dispute") is defined as a dispute between Employers and Employees where the employees are represented by a Trade Union that is recognised by the Employer for collective bargaining purposes, and the dispute relates to one of the following:

• the terms and conditions of one or more employees
  
• the membership or non-membership of a Trade Union on the part of one or more employees
  
• facilities granted to Union officials
  
• an issue as to whether an approved code of practice is being observed by one or more employees, or one or more employers
  
• recognition disputes
  

This procedure is intended to provide a framework by which the employer and the two or more parties to a collective dispute should seek to resolve their differences. By adhering to this dispute procedure, we hope to prevent and resolve disputes at an early stage.

Collective dispute procedure is set out under dispute procedure.

Provisio​n of Public Sector wide information

The Government of Jersey is committed to providing public sector wide information relevant to our employees and recognised Trade Unions and staff associations, although not exhaustive, these may include:

• financial information
• strategic policy and business plans
  
• workforce planning, re-organisational structures, staffing, redeployments
  
• recruitment and retention
• learning and development and talent management
  
• performance management and promotion, secondments, acting ups
  
• health and safety
• equality and diversity
• other relevant policies and information
  

Trade Union Facilities

Trade Union and Staff Association time off and facilities agreement

This agreement sets out the jointly agreed procedures for Trade Union time off and use of facilities and applies to Trade Union representatives who are members of those Trade Unions. This agreement does not provide time off to carry out roles in organisations other than the Government of Jersey.

For the purposes of this agreement, the term "Trade Union representatives" includes but is not limited to; Health and Safety representatives, Workplace Representatives, Equalities Representatives, Environmental and Learning Representatives, indeed any tole covered by the respective Union rules at the date of this document or thereafter, if registered with the Jersey Employment and Discrimination Tribunal (JEDT).

Trade Union representatives will be appointed in accordance with the rules of the individual Trade Union concerned and in line with the Employment Relations (Jersey) Law 2007. The Trade Unions will inform the Head of Employment Relations, Government of Jersey in writing of the names of their appointed representatives.

Trade Union members have a statutory right to be represented by an official of their Trade Union. Whether that official is employed by the Union or locally elected is a matter for the Trade Union.

The Government of Jersey undertakes that no Trade Union representatives will suffer any disadvantage as a result of undertaking this role on behalf of Trade Union members.

Guiding principles

We are committed to:

• recognising and valuing our Unions for their role in managing change and their fundamental right to represent their members
  
• providing a reasonable amount of time off to enable the Unions to effectively undertake their role
  
• ensuring that in facilitating Trade Union time off, the operational needs of the service can continue to be met in the Employee's absence
  

We expect our Unions to:

• recognise that we are an organisation led by politicians with a democratic mandate
  
• recognise the need for the SEB and the Government of Jersey to be flexible and agile in strategic and operations decisions making
  
• be committed to working jointly to ensure decisions are made efficiently and in a timely way
  
• ensure that their representatives are equipped with the skills needed to effectively carry out their roles
  

Together we will:

• work together to deliver the Employers aims and objectives
  
• support the consultative and negotiation framework to ensure change is implemented fairly, at pace and to develop our people policies and procedures
  
• build positive working relationships and promote effective employment relations
  
• ensure that Trade Union time off is used effectively and to avoid unnecessary costs in the provision and use of time and facilities
  
• operate within the Employment (Jersey) Law 2003, Employment Relations (Jersey) Law 2007, including the Codes of Practice that support the law published on 21st December 2007, Discrimination (Jersey) Law 2013 and the Employment of States of Jersey Employees (Jersey) Law 2005
  

Definition of roles

Trade Union Regional officer: an Officer employed by the Trade Union, based at Union Regional Office.

Trade Union Representative: an employee of the States Employment Board who has been elected or appointed to represent the members of one of the recognised Unions within the Government of Jersey.

Trade Un​ion duties

By law, Trade Union representatives are entitled to reasonable paid time off from their regular job to enable them to perform their Union duties and to undertake relevant training. This should be proportionate to the complexity of work that is associated with the responsibilities of the Trade Union's members. Trade Union members, including workplace representatives, may also ask for unpaid time off to undertake activities. Together, these arrangements constitute facility time. Where time off cannot be granted, alternative time off at a mutually agreeable time should be agreed. Union duties are considered to be work.

Examples set out below, this list is not exhaustive:

• any matter under consultation process, for example, organisational change, redundancy, policy
  
• individual representation of employment process, for example, disciplinary, grievance, performance, and attendance, etc
  
• health and safety

A reasonable level of paid time off will be granted to each Trade Union representative to individually, represent their members. The number of Trade Union lead representatives is proportional to the membership for specific pay groups which are being represented from each Union. This time off must be with prior management approval but will not be unreasonably withheld. 

The Employer will also permit Trade Union representatives, including Health and Safety representatives if registered with the JEDT time off with pay within their normal working hours where necessary, to prepare for and attend meetings or to consult with employed officials or other local representatives of their Union. 

Trade Union representatives will give as much notice as possible of the need for such time off and no reasonable request will be denied.

The workplace representative will be required to provide their Line Manager with the following information when requesting paid time off for Trade Union activities or training:

• the purpose of such time off while preserving personal confidential information relating to individual grievances or disciplinary matters
• the intended location
• the timing and duration of time off required

The Employer will:

• Ensure - subject to the exigencies of the department - that representatives will be allowed reasonable time off work, with pay, to carry out their representative duties
  
• that whilst prior permission for time off by Line Managers must be obtained, such permission should not be unreasonably withheld provided reasonable notice is given, subject to the demands of the department
  
• that representatives should be given time off to attend training events and relevant conferences arranged by or in association with the Union concerned. Permission for such absence will be sought from the Line Manager on a case-by-case basis
  
• give due regard to the possible disruption to the service and pressure on the remaining work colleagues resulting from the representative's potential absence. It should be noted that the granting of time off from work to undertake representative duties will not override the exigencies of the service
  

The Government of Jersey will seek to ensure that all meetings convened by the Employer or by line managers and involving Trade Union representatives take place within their normal working hours. The number of hours is for guidance purposes and are not limitations. Union colleagues can ask for additional time, depending on the complexity of an issue.

Level 1

​Applies to the lead employee representative of their Union. The Employer, Government of Jersey, will grant reasonable time off during normal working hours to undertake the following responsibilities:

• negotiation in relation to collective bargaining matters
  
• consulting on organisational change if redundancies are envisaged
  
• consulting on significant change, where there may be contractual changes
  
• establishing appropriate position with their members for representation
  
• reasonable preparation time for the above matters
  

Level 2

Applies to workplace representatives. The Employer will grant reasonable time off during normal working hours to undertake the following responsibilities:

Accompanying an employee at hearings or appeal, including allegations and investigation meetings, disciplinary, capability, absence and grievance. The workplace representative will be able to provide a substitute should they not be available.

The Employer recognises that there may be local agreements in departments around facilities time with workplace representatives. This guidance does not supersede or replace such agreements that are currently in place.

Health and Safety Representatives are entitled to paid time off to:

• investigate complaints, possible hazards and dangerous incidents and carry out workplace inspections
• where appropriate, attend meetings regarding health and safety issues
• take part in risk assessments

The Trade Unions will:

• confirm in writing to Head of Employment Relations which Union members are elected, or resign as representatives at the earliest opportunity. This correspondence will state the position and group of members who they represent as well as the effective date of office
• for Teacher Trade Unions, to provide notice of any change of office in writing by 30 May so that Headteachers have a full term to make timetable and staffing adjustments as required. The period of office will follow the academic year, i.e. commencing on 1 September and terminating on 31 July
• provide training for representatives
• give notice of time-off requirements

Time off for training

The Government of Jersey and the Trade Unions are committed to ensuring that Trade Union representatives receive appropriate training to allow them to discharge their Trade Union duties. Trade Union representatives are permitted reasonable paid time off to undertake training relevant to their Trade Union role subject to the needs of the services. Application for paid time off to attend a training course should include the course details and be made to the Trade Union representative's line manager 28 days in advance of the dates requested. We will also support opportunities to Union members and inexperienced representatives to shadow more experienced representatives and recognise this as a valuable part of Trade Union training.

The Workplace representative will be required to provide their Line Manager with the following information when requesting paid time off for training Trade Union activities or training:

• the purpose of such time off while preserving personal confidential information relating to individual grievances or disciplinary matters
  
• the intended location
  
• the timing and duration of time off required

Trade Union facilities

We recognise that Trade Union officials require access to certain facilities to carry out their duties efficiently and communicate effectively with their members. We will provide the following facilities:

• accommodation for meetings and interviews
• provision of notice boards, subject to availability
• use of telephone with reasonable access to privacy
• reasonable use of email

Union colleagues should have reasonable access to non-members.

Scheduled Trade Union meetings

Recognised Trade Unions within the public service are invited to attend scheduled meetings. No unrecognised Trade Union will be permitted to attend. A quarterly Union meeting is held, with the Chief Executive Officer (CEO) in attendance for the second part of the meeting. The purpose of these meetings is to provide the Trade Unions and the CEO with the opportunity to raise matters directly with each other.

The dispute procedure for matters raised by the Unions and the Employer clearly sets out the mechanism for dealing with disputes to resolve them at the earliest opportunity. This can be found under dispute procedures​.

Individual departments also have quarterly meetings scheduled.

Conduct of Trade Union representatives

If the Employer has any concerns regarding the conduct of a Union representative, there will be the right to raise this in writing with the relevant Union in accordance with that Union's procedures.

In the event of any Trade Union representative employed by the States Employment Board being subject to any alleged breach of any formally adopted Government of Jersey Procedure agreed with the Trade Unions, the appropriate full-time representative or officer will be informed prior to any action being taken.

Arrangements for staff with non-standard wo​rking patterns

To ensure effective Union representation and to avoid unlawful discrimination, reasonable consideration when scheduling meetings will be given to:

• employees who work shifts
• part-time employees
• employees employed in dispersed locations
• employees with particular domestic commitments of which management have been made aware
• employees with a disability for whom reasonable adjustments will be required to ensure that arrangements for meetings do not unlawfully discriminate

Balloting and conduct in employment disputes

Article 20 of the Employment Relations (Jersey) Law 2007 ("the Employment Relations Law") deals with Code 2 balloting and conduct of employment disputes. The Employer and the recognised Trade Unions and associations agree to follow the mechanism set out Ballot Procedure (Trade Union Recognition) on JACS.

Review and variation

This agreement is subject to regular review, initially after 12 months and thereafter every 24 months. The parties reserve the right to review in cases of regulatory changes.

Status of the agreement

This agreement is binding in principle only and is not intended to constitute a legally enforceable contract between the parties of this agreement. However, both parties will provide an assurance to abide by this framework. However, this may well be seen to be a legally binding document as it forms part of the employees' contracts of employment and negotiation is on contractual matters. It is highly likely the Tribunal would see this as being (at least in part) a contractual document, reference in Terms and Conditions of employees and a negotiating tool for contractual Terms and Conditions.

Codes of Practice Employment Relations (​Jersey) Law 2007 on JACS

Appendix​

Dispute procedure

Purpose

A collective dispute is a matter concerning several employees. One or more representatives of a recognised Trade Union will pursue the issue on their behalf. If an employee wishes to raise a grievance, they should use the policy and procedure.

Individual employees cannot raise a grievance on the same issue if they are party to a Collective Disputes procedure.

This procedure is not for collective negotiation.

We commit to resolving collective disputes as quickly as possible, ideally within two months. This is from the date it was formally recorded as a dispute.

Sco​​pe

This dispute procedure applies to all Unions with the exception of those Unions and Associations covered by an existing No Strike or No Impairment of Service agreement. These arrangements will remain in place and involve the following groups:

• Ambulance
  
• Fire and Rescue Service
• Prison Service
• Police Service

​Working arrangements during a dispute

It is agreed that no industrial action or impairment of service(s) will take place until the four stages of dispute outlined below are exhausted. The Employer and respective Union will maintain the status quo - the state before the dispute - unless there is a significant operational or service delivery not to do so, until the Collective Disputes process is exhausted.

Stage 1: informal resolution

We encourage informal resolution when dealing with collective dispute. This enables the resolution of the majority of cases to be resolved at a local informal resolution. This means at departmental level. Advice and involvement can be sought from People and Consultancy Services Business Partner's (BP). Where resolution is not achievable at a local level, a collective dispute will be submitted.

Stage 2: Collective dispute procedure

It should be noted that the timeframe for disputes is linked to the recognised collective contractual hours of the employee groups in question. Extensions on the timeframes below can exist when dispute proceedings extend over public holidays or other recognised non-working periods previously agreed and set out by the Employers representatives.​

A Trade Union representative will send a letter to the Head of Employment Relations who will register the dispute and acknowledge the correspondence within 2 working days.

The letter must provide full details of:

• ​the dispute
• the staff involved
• any supporting evidence
• the resolution sought​

​This letter must be sent within ten working days of the informal stage finishing. A collective dispute meeting will be arranged to attempt to resolve the matter. Employees or their representatives and those representing the Employer must submit papers for the Panel's consideration ten working days prior to the Collective Dispute meeting; if appropriate, written statements may be requested and exchanged prior to the meeting. No new issues should be raised by either party after the submission. If the Employer falls to arrange a Panel without good reason the dispute will automatically escalate to stage three.

A panel will lead the proceedings. This will include:

• ​a tier 3 Head of Service (Chairperson)
  
• a senior supporting manager
• a PCS representative
  

The employee and or their representative and the employers' representatives have the​ option to present their case to the panel.