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Trade Union Recognition Agreement

Trade Union Recognition Agreement between UCL and UCU, UNISON and UNITE.

Contents


Appendix 1: Joint Consultation and Negotiation Committee (JCNC) Terms Of Reference
Appendix 2: Collective Dispute Resolution Procedure    
Appendix 3: Trade Unions and Facility Time        


Recognition and representation

1. UCL (the Employer) voluntarily recognises the following trade unions for the purposes of collective bargaining:

  • UCU for all academic, teaching (including PGTAs) and research staff; and administrative and managerial professional services staff at grades 7 and above.  
  • UNISON for professional services staff* in grades 1 to 6 (*except those for whom UNITE is recognised).
  • UNITE for technical, related scientific support staff and skilled craft workers at all grades     

2. Formal agreements reached between UCL and each of its recognised trade unions apply to staff in the relevant group of staff whether such staff are a member of that trade union or not. 

3. UCL will consult or negotiate only with the relevant recognised trade union in relation to any issue affecting only the staff group that they represent for collective consultation purposes.  The other unions will be kept informed.

4. UCL and its recognised trade unions support the principle of solving employee relations issues by discussion and agreement. All parties recognise the value to good employee relations and of staff being properly represented by one of the recognised unions. All parties believe that truly representative and effective unions enhance workforce employee relations.

5. Individual members of staff may choose to join any union and to be represented individually by any union representative.

6. The Joint Consultation and Negotiation Committee (JCNC) shall be the main Committee through which all parties shall raise issues for information, consultation, and collective negotiation.  Please see the Terms of Reference at Appendix 1.

7. Other sub-committees may be convened or exist for specific purposes such as the Redundancy Consultation Committee which meets quarterly to fulfil UCL’s statutory collective consultation.

8. The JCNC fulfils the University’s obligations under the Information and Consultation of Employees Regulations 2004.  All staff are kept informed of discussions by the publication of summary minutes.

UCL’s Commitment

9. UCL commits to undertake the following with the recognised Trade Unions:

Information

10. To exchange information of mutual interest throughout the year. For example, briefing on the strategic plan; major projects; providing data of interest; briefing on changes in employment law which necessitate a statutory change to a policy or procedure.  Unions may request information for purposes of collective bargaining.

Consultation

11. To consult on a variety of issues throughout the year, such as:

  • employee amenities
  • proposed changes to non-contractual HR policies and procedures
  • proposals for university–wide organisational change
  • strategic issues or initiatives which may have a significant effect on the university's workforce
  • collective redundancies
  • health and safety
  • transfer of undertakings
  • any other relevant matters

12. Consultation will be the gathering of feedback and views with a view to agreeing change, as far as possible.  UCL may use other channels for consultation in addition to JCNC.  Management will not require the agreement of the unions to implement the change.  

Negotiation

13. UCL will negotiate with the trade unions through the JCNC on the terms and conditions of employment with the aim of reaching an agreement.  

14. Issues which UCL will negotiate on:

  • Changes to collective agreements
  • Terms and conditions of employment:
    •       Hours of work
    •       Pay (except where the annual pay award is negotiated nationally)
    •       Disciplinary and Grievance procedure
    •       Annual leave
    •       Sickness leave and pay
    •       Notice periods
    •       Parental Leave
    •       Termination procedure

15. Minor amendments to policy wording which do not affect the spirit of the policy may be changed by information/consultation. Contractual changes may be agreed by the parties in writing without a formal meeting of the Committee.  If agreement cannot be reached, the matter shall be considered by a JCNC meeting. 

New members of staff

16. UCL will ensure that all new members of staff are given information on the unions and how to join, using a variety of channels.

Trade Union Representatives

17. Staff will be represented by representatives or Officers who have been elected or appointed by the union in question. Representatives and Officers must be current UCL members of staff.

18. The Trade Unions will inform the Head of Employment Policy in writing of the names of all elected representatives within one week of the election or the change and notify her/him of any subsequent changes.  The trade union will confirm the name, position, Faculty/Division and the name of the representative’s line manager.   Recognised representatives must be current members of UCL staff and those whose names have been notified to UCL shall be the sole representatives of the Union membership.   

19. The Employment Policy team will notify the representatives’ manager of the appointment and the allocated time off.

20. Trade union representatives will at all times follow UCL’s Ways of Working, and in particular will conduct their duties with courtesy, respect and integrity. 

Time off for Trade Union Duties and Activities

21. Please see Appendix 3.

Trade Union accommodation and resources

22. UCL provides accommodation to its trade unions to enable them to discharge their duties in line with this Agreement and the ACAS Code of Practice. These   include the following, as required:

  • Use of an office on the Bloomsbury campus. This accommodation shall be for the purposes of discussions with individual members and other legitimate trade union use.
  • Use of seminar rooms and lecture theatres for union meetings
  • Telephones and computers
  • Building Maintenance Support Services
  • Services (gas, water & electric)
  • Payment of Utility Bills
  • Payment of Business Rates
  • Building Insurance

Disciplinary action against union representatives

23. Where an employee who is subject to disciplinary proceedings is a trade union representative, UCL will follow the normal disciplinary procedure but UCL will discuss the issue at an early stage with an official employed by the trade union. Before approaching the trade union, UCL shall obtain the employee's agreement to this. The purpose of involving the trade union at an early stage is to avoid any perception that the representative is being victimised because of his or her trade union activity.

Variation, duration and termination

24. This Agreement, in which UCL voluntarily recognises the Trade Unions, will be reviewed jointly 12 months from the date of implementation.

25. This Agreement may be amended at any time with the consent of all parties.

26. This Agreement may be terminated by any one party giving the others three months’ notice in writing to that effect. 
 


Appendix 1 Joint Consultation and Negotiation Committee (JCNC)

Terms of Reference

Title

1. The Committee shall be known as the Joint Consultation and Negotiation Committee.

Purpose

2. The purpose of the Committee is to meet formally to maintain positive and effective employee relations, and to promote information, consultation and, where appropriate, negotiation on matters of common interest and concern at an organisation level.

3. The Committee fulfills the University’s obligations under the Information and Consultation of Employees Regulations 2004.

Membership

4. UCL management will be represented by a Vice-Provost or Vice-President (or equivalent as appointed by the Provost), the Chief People Officer, the Director of Employee Relations, the Head of Employment Policy, and senior managers of UCL as required by agenda items.     

5. Each Trade Union may be represented by up to three local representatives
plus one Regional Officer from each union.  Other TU representatives may be invited as required by agenda items.

6. The Chair of the Committee may allow observers to attend where this assists in their training and development.

7. Each Trade Union shall confirm the names of its representatives to the Secretary on an annual basis and inform the Secretary immediately of any changes in the interim period.

Meetings

Frequency
8. Meetings shall be scheduled 4 times a year.  The Chair may cancel the meeting if there are no agenda items or may postpone the meeting if it is not quorate.

9. Extraordinary meetings or sub-committee meetings may be arranged by agreement to consult on and negotiate specific issues in more detail.  Extraordinary meetings of an urgent nature will be held as soon as possible and within 15 working days unless an extension is mutually agreed.

Chair of the Committee

10. The Vice-Provost or Vice-President or equivalent will be the Chair of the Committee. The Chair of the Committee may delegate the role in their absence.

Chair of the Meeting
11. The chair may alternate at each meeting between a member of management and a union representative if requested.

Secretary

12. The Chief People Officer will provide secretariat services to the JCNC including convening meetings, preparing the agenda in consultation with members and taking and circulating minutes. Members are asked to submit agenda items seven working days in advance with a brief explanation.    

13. The agenda will be issued five working days before each meeting. Any associated papers should be circulated at least two working days before the meeting. The draft minutes will be circulated as soon as possible and within 10 working days of the meeting.

14. Minutes shall be subject to the agreement of members and agreement, or lack of agreement will be recorded in the minutes of the following meeting.

15. Following approval of the minutes, summary minutes will be published on the UCL website.

16. More flexible timescales will be applied for extraordinary meetings and sub-committees.

Quoracy
17. Meetings will be quorate if a single local representative of each Union is present along with two members of Management. If the meeting is not quorate it will be rescheduled, as soon as possible on a mutually acceptable date. 

18. For extraordinary meetings and sub committees, it is expected that representatives of all three trade unions will attend, however a meeting may go ahead with the agreed absence of one or two unions.           

Conduct
19. Members will discuss the agenda with dignity, courtesy and respect.  All members will be given the opportunity to participate. 

Scope Of Committee

20. The meeting is an opportunity to exchange information of mutual interest; to consult on matters; and to negotiate on UCL terms and conditions and to raise collective disputes.

Out Of Scope
          
21. JCNC will not normally discuss individual cases, except when it relates to collective issues.

22. JCNC will not normally consult or negotiate on:

            -           local organisational change procedures unless a collective dispute is raised

            -           terms and conditions specific to clinical staff

            -           matters negotiated nationally, such as annual pay awards, except where there is discretion around local implementation.

            -           Health and Safety issues – these will be dealt with by the Health and Safety Committee and minutes made available to JCNC.  This does not, however, prevent a dispute over Health and Safety being raised under the Dispute Resolution Procedure.  


Appendix 2 Collective Dispute Resolution Procedure

Introduction

1. UCL and the recognised Trade Unions are committed to working positively together and every endeavour will be made to reach agreement. However, if agreement cannot be reached on a specific issue, either party may invoke the collective dispute resolution procedure.

2. This procedure primarily applies to disputes that arise through a negotiation process, where there has been a failure to reach a collective agreement on a contractual matter. However, from time to time it is recognised that, in the interests of partnership working and good employment relations, both sides may agree that the procedure be invoked to deal with other matters of dispute.  Before this procedure is invoked, every effort should be made to resolve the matter by raising it with the Director of Employee Relations and/or at the Joint Consultation and Negotiation Committee.  An extraordinary meeting may be arranged to discuss the specific issue.

Notification of a formal dispute

3. Where this procedure is initiated by one or more of the Trade Unions, formal written notice should be sent to the Provost, copying in the Chief People Officer.  Where the procedure is initiated by the University, formal notice should be sent to the Trade Union secretaries.

Formal Dispute Resolution procedure

4. Following receipt of a notification of formal dispute, a Dispute Meeting of the JCNC will be convened as soon as possible, and within 10 working days of the notification unless an extension is mutually agreed.

5.  If there is failure to reach a resolution acceptable to all parties, the following will apply:

  • for non-contractual matters, UCL may implement (or, in the context of a requested change, decline to implement) the change.
  • where the matter is a contractual change or requires collective agreement, a further Dispute Meeting of the JCNC may be convened to discuss the matter further. 

6. Should a resolution not be reached at the Dispute Meeting of JCNC, either party may give formal notice to all parties that it requests a Resolution Meeting.

7. The Resolution Meeting will be held as soon as possible and within 5 days of receiving a formal notice.  The Resolution Meeting will consist of at least one University Management Committee member not previously involved; the Chair of JCNC; the Chief People Officer; and, for each Trade Union that is in dispute with UCL, a Regional Official, and one UCL Trade Union Representative who attended the previous special meeting of JCNC.

8. If there is still no resolution at this meeting, the matter may be referred to ACAS for conciliation with the agreement of both parties. A decision on this should normally be taken within five working days of the meeting.

9.  This procedure is exhausted when there is no mutual agreement to refer the matter to ACAS; or one party withdraws from the ACAS process; or the ACAS conciliation process has concluded. UCL will confirm in writing that the dispute resolution procedure has been exhausted, within 2 days of the conclusion.

10. It is agreed that until this procedure has been exhausted there shall be no form of industrial action, and UCL will not impose a contractual change or alter the status quo.

11. All parties will seek to jointly agree communications on outcomes from any stage in the procedure and refrain from using external media to make unilateral statements until the dispute resolution procedure has been fully exhausted.

12. This procedure may be varied by agreement between management and the trade union(s) in the course of dealing with a dispute, where that will assist in bringing about earlier resolution.

13.  This dispute resolution procedure does not prevent initiatives being undertaken with a view to resolving a dispute without recourse to further stages.

Summary of steps to take to resolve a formal dispute

Action

Timescale

Hold a Dispute Meeting

Within 10 working days of receipt of written notice.

If unresolved, formal request for a Resolution Meeting

Within 5 working days of the Dispute Meeting

Hold a Resolution Meeting

Within 5 working days of receiving formal request

If unresolved, refer to ACAS if both parties agree

Within 5 working days of the Resolution Meeting

If no agreement to refer to ACAS, formal notice will be issued by UCL

that the dispute resolution procedure has concluded.

Within 7 working days of the Resolution Meeting

If unresolved after ACAS process has concluded, written notice will be issued by UCL that the dispute resolution procedure has concluded.

Within 2 working days of the ACAS conclusion.

 

 

Appendix 3 Trade Unions and Facility Time

Guidance for Trade Union representatives and their line managers regarding time off for TU activities and duties.

Introduction 

1. UCL recognises the important role that the recognised campus Trade Unions (TUs) play in contributing to the working environment and conditions for all members of staff.

2. Through the Joint Consultative Negotiating Committee (JCNC), the University and colleagues from the UCU, Unite and UNISON work together on a range of matters relating to terms and conditions of employment, as well as other topics such as Reward and Recognition, Career Pathways, and stability of employment.  In addition, trade union representatives sit on the Health and Safety Committee and other working groups as convened from time to time.  Trade union representatives also support their members through formal procedures such as grievance, disciplinary, sickness absence, capability, termination and organisation change.

3.  For this positive work to take place, the University recognises that union representatives need time away from their jobs to represent their members on an individual or collective basis and to undertake any relevant training to the role of a Trade Union Representative. This is known as “Facility Time”.

What is Facility Time? 

4. Facility time is the provision of paid or unpaid time off from an employee’s normal role to undertake trade union duties and trade union activities. Trade union representatives are legally entitled to “reasonable time” away from their substantive jobs to undertake these duties and activities. See Section 4 for an explanation of what is considered reasonable.  

Allocation of Facility Time

Facility time will be agreed through three mechanisms: 

a) backfill arrangements, where each trade union allocates a total of 0.5FTE (or a different negotiated amount) to named representatives in advance of the new financial year. These representatives’ department will be reimbursed for their allocated time.

b) trade union representatives will take paid time off to undertake trade union duties as and when required provided that it is reasonable, and the line manager agrees that it does not clash with operational needs; a similar process applies to health and safety representatives who may be called to deal with emergencies.

c) specific requests for unpaid leave or annual leave to undertake trade union activities such as conferences or one-off events of personal interest.

What is 'reasonable time' off?

5. The law does not define what is considered ‘reasonable’. Trade Union representatives and line managers should consider:

  • The importance and urgency of the time off required. For example, it is important that TU reps are given time off to support members through formal procedures and are given time off to prepare.
  • The degree of flexibility around the proposed date and time of the event.
  • The impact on the service.
  • The workload of the post or team.
  • Whether the department receives backfill funding to facilitate time off for a trade union representative.
  • An alternative time off if service provision will be impacted.  It may not be possible to rearrange time off if, for example, a time and date has been set for a meeting involving other parties which would be too difficult to rearrange. 

6. If a line manager is concerned about the amount of time being taken off; or the impact on service provision; or is considering refusing a particular request for time off, they can email the HR Employment Policy Team at employmentpolicy@ucl.ac.uk requesting a call back for advice. 

Duties and activities

Duties

7. Union representatives are entitled to reasonable paid time off during working hours to carry out trade union duties which relate to UCL employees. These include:

  • Preparing for meetings with UCL
  • Negotiating terms and conditions of employment.
  • Attending consultation meetings on changes to policies and attending collective consultation meetings on issues such as redundancy and Transfer of Undertakings (TUPE).  
  • Supporting union members through formal procedures such as disciplinary, grievance, capability and sickness absence, including accompanying members at formal meetings.
  • Preparing for meetings with and providing advice to union members.
  • Consulting with union members
  • Consulting with full-time union officers regarding collective bargaining with UCL.
  •  Attending branch, area or regional meetings of the union to discuss issues specific to UCL.
  •  Representing the union in the Joint National Committee for Higher Education Staff (JNCHES) at national level (i.e. where representatives and employers are present) if elected as a negotiator.
  • Attending meetings with full time officials employed directly by the trade union to discuss issues specific to UCL.
  • Attending trade union-approved training relevant to the carrying out of their trade union duties.
  • Undertaking health and safety duties (for Health and Safety Representatives).
  • Undertaking learning and training duties (for Union Learning Representatives).
  • Sitting on a UCL grievance panel (see Staff Grievance Policy).

8. There is no statutory requirement to pay for time off where the duty is carried out at a time when a union representative, who works full-time, would not otherwise have been at work, unless the union representative works flexible hours, such as night shifts, but needs to perform representative duties during normal hours. Duties carried out in the TU representative’s own time, outside of working hours or during their lunch break, do not need to be requested, agreed or recorded.

9. Trade Union representatives who work part-time who have to undertake a duty during their non-working hours because the timing of the duty is non-negotiable (e.g. a TU approved training course or a formal hearing) may  exceptionally be paid for this additional time provided that the part-time TU rep, in advance of the duty:

  • provides the HR Employment Policy Team (employmentpolicy@ucl.ac.uk) with details of the nature of the duty and the duration
  • provides full details of the TU approved training course, where applicable, which should be relevant to the duties of a trade union representative.
  • provides the name of their line manager
  • receives written approval from the HR Employment Policy team.  HR Employment Policy will then arrange for the employee to receive pay for additional hours, based on the employee’s normal rate of pay.

Activities

10. Union representatives and members are entitled to reasonable unpaid time off during working hours to take part in trade union activities. There is no right to time off (paid or unpaid) for trade union activities consisting of industrial action.

11. Unpaid time off for trade union activities undertaken by representatives may include:

  • Attending branch, regional or national meetings of the union where the business of the union is under discussion.
  • Meetings of official policy making bodies such as the executive committee, conference or congress
  • Meetings with full time officers to discuss issues which are not related to collective bargaining with UCL or employee issues at UCL.
  • Specialist group committees, meetings of personal interest, regional or national member meetings; regional or national committees.

12. Where a trade union representative wishes to take unpaid time off work to undertake union activities during working hours, they should request this from their line manager as unpaid leave or annual leave in MyHR.  Alternatively, the employee can offer to make up the time if this is possible.  Any unpaid time off for an activity must also be recorded in the monthly form for the government statutory return.

13.  If a line manager is concerned about the amount of time being taken off; or the impact on service provision; or is considering refusing a particular request for time off, they should email the HR Employment Policy Team at employmentpolicy@ucl.ac.uk requesting a call back for advice. 

Publishing of Facility Time

14. The Trade Union (Facility Time Publication Requirements) Regulations 2017, following the enactment of the Trade Union Act 2016, requires public sector employers to publish anonymised information on facility time on an annual basis. 

15. UCL publishes its information (see below) by 31st July every year, for the preceding 1st April to 31st March period. The information is published in three places: on our website (see below), in the annual accounts and on a central government website.

Reporting and recording facility time

16. In order to publish accurate information, UCL is required to record the amount of time trade union representatives spend on trade union duties and activities.

            The process to record this is as follows:

  • The trade union representative must record all trade union activities and trade union duties undertaken during their working hours. The record must detail the purpose of the time off (without disclosing any personal information); the date, time and duration of time off; and whether the time off is for a duty or an activity.  They should ensure their line manager has access to this information if requested and inform them in advance of any potential impact on operational needs.
  • At the end of each month, the HR Employment Policy team will send each trade union representative a form to record facilities time for that month, copying in their line manager.  The completed form must be submitted promptly to the HR Employment Policy team.
  • This information is requested for all trade union representatives for compliance with government reporting requirements, regardless of whether the representative has undertaken any duties or activities, or whether an allocation for backfill funding has been agreed for the individual (see Section 8 below).
  • This data will be processed securely by the HR Employment Policy team and in accordance with the Staff Privacy Notice and data retention schedule
  • The data will be used to inform the government, and for management and financial planning.

17. If a member of staff commences or ceases to be a trade union representative, either the staff member, line manager or relevant union Branch Secretary should inform employmentpolicy@ucl.ac.uk with the name and the effective date to update the central records.

What are backfill funding arrangements?

18. UCL allocates funds to facilitate the release of lead trade union representatives / Officers from their substantive duties to allow them to engage in trade union duties.  The allocation of the funded time off is agreed annually at JCNC, in the spring term.

19. Each trade union must let the HR Employment Policy Team know by the 1st August each year who the lead representatives are for the forthcoming financial year and the allocation time to each. The department(s) in which the Lead Representatives are based will be reimbursed the agreed proportion of their salary on a monthly basis.   

20. Backfill funding levels do not define the exact amount of time a lead trade union representative can/will spend away from their day job. Each representative is entitled, in law, to a “reasonable amount” of paid time off to undertake trade union duties. See the section above  What is reasonable time off?'  for more information.

Backfill Allocations 

21. Backfill allocations agreed for the financial year 2022/23 are:

UCU 2 FTE:
UNISON 0.5 FTE:
UNITE 0.5 FTE:


HR Employment Policy Team
March 2023