Union Rep

State your position

Firstly, if you have not already done so, you should email the ‘Employee Relations Team’ via the Employee Relations Inbox, to state:

“PCS do not agree to the contents of the facility time interim guidance document published by management.

As a PCS representative I will continue to make applications for reasonable time-off for Trade Union Duties in accordance with Section 168 of the Trade Union and Labour Relations (Consolidation) Act; for Trade Union Activities under Section 170 of the Trade Union and Labour Relations (Consolidation) Act; for Union Learning duties under Section 168a of the Trade Union and Labour Relations (Consolidation) Act; and Safety Representative duties under Regulation 4 of the Safety Representatives and Safety Committees Regulations.”

You should also copy your email to PCS HQ at: HomeOfficeGroup@pcs.org.uk.

Check for consistency

Secondly, where management instigate a meeting or hearing, you should email the instigating manager to ask:

“Can you please confirm whether you consider that the proposed [meeting/task*] (*delete as applicable) would be covered by Paragraph 29 of Employee Relations Team’s facility time guidance to managers.”

This is required because under the guidance, a very limited amount of Trade Union Duties can be classed by management as “official duties”; and it will be necessary for any future legal case, to ensure that this is consistently applied.

Formally request the time off

Next, if the Department are not classing the time off as “official duties” you will need to formally request the time away from your desk. This should be done via a simple email request – not through the submission of a form or diary. The facility diary procedure was part of the facility time Agreement that the Department has withdrawn from. Depending upon the type of Trade Union work, you should submit the following wording -

When seeking time-off for Trade Union Duties (negotiations/consultation meetings with management, personal cases, writing briefings and reports, Branch Executive Committee meetings etc), representatives should write to their line management to state:

“In accordance with Section 168 of the Trade Union and Labour Relations (Consolidation) Act I am requesting [X hours] facility time to undertake [nature of Trade Union Duties]” or

When seeking time-off for Trade Union Activities (conferences etc), representatives should write to their line management to state:

“In accordance with Section 170 of the Trade Union and Labour Relations (Consolidation) Act I am requesting [X hours] facility time to undertake [nature of Trade Union Activities]” or

When seeking time-off for Union Learning Duties, representatives should write to their line management to state:

“In accordance with Section 168A of the Trade Union and Labour Relations (Consolidation) Act I am requesting [X hours] facility time to undertake [nature of Union Learning Duties]” or

When seeking time-off for Safety Representatives Duties (inspections etc.), representatives should write to their line management to state:

“In accordance with Regulation 4 of the Safety Representatives and Safety Committees Regulations I am requesting [X hours] facility time to undertake [nature of Safety representative duties]”.

It is essential that you set up a file to keep a record of every request and management’s response.

If management refuse the time off request

In the event that facility time is refused, and the request involves a meeting to discuss management proposals or a hearing of some kind, you should write to the meeting/hearing management in the following terms:

“I have not been granted time off to attend the [meeting/hearing*] (*delete as applicable). Therefore I look forward to confirmation that the [meeting/hearing*] (*delete as applicable) will be postponed.

I also look forward to receipt of a series of alternative dates for a reconvened meeting; along with the assurance that no action will be taken, including that no proposals will be implemented, prior to the reconvened meeting involving the chosen representative of the recognised Trade Union.”

If management refuse time off and refuse to reschedule

In the event that management refuse facility time and refuse to reschedule, you should email HomeOfficeGroup@pcs.org.uk with the relevant correspondence; and to discuss preparing a formal grievance. If the facility time refusal involves preventing accompaniment of a member at a disciplinary hearing, then the member should be supported in preparing a separate grievance.