Policy Statement

This agreement defines the Time Off and Facilities for Trade Union Duties and Activities at the University of York, for the recognised Trade Unions. It complements the University of York Employee Relations Agreement and Structure 2008 and replaces those time off and facilities agreements reached in 1995, 1997, 2004, and 2011.

The University of York recognises the following Trade Unions in terms of collective bargaining and the statutory right to time off for Trade Union duties and activities:

• University and College Union (UCU)
• UNISON
• UNITE

The duration and frequency of time off should be reasonable in all circumstances. This agreement is not prescriptive and aims to reinforce partnership working by means of mutual agreement and flexibility about what is reasonable time off.

Both the University of York and the recognised Trade Unions accept that the wide range of operational requirements needs to be considered when seeking to agree arrangements for time off. A balance between the wishes of Trade Union representation (see below) and the necessity of maintaining the service provided by the University of York - ensuring safety and security at all times - will need to be met.

The University of York recognises that time off may need to be flexible to make certain that the recognised Trade Unions are able to ensure effective representation and communication with all employees. This includes, for example, full time workers, part time workers, shift workers and some workers employed on a casual basis (eg. Graduate Teaching Assistants). Please note this is not an exhaustive list.

The recognised Trade Unions accept, to ensure time off arrangements work satisfactorily, that they will:

• Ensure that Trade Union officers are aware of their role, responsibilities and functions.
• Inform the University, in writing, as soon as possible of appointments or resignations of officers.
• Ensure that Trade Union officers receive any appropriate written credentials confirming them as Trade Union representatives promptly, for subsequent notification to the University.
• Ensure that the University receives details of the functions of the Trade Union officers where they carry out special duties or functions.
• Ensure that representatives, particularly those nominated for Health and Safety and Learning roles, meet the required training condition.

The legislation and associated documents referenced by this agreement are as follows:

• Trade Union and Labour Relations (Consolidation) Act 1992, Sections 168 - 170 (as amended)
• Employment Act 2002, Section 43 (as amended)
• Safety Representatives and Safety Committee Regulations 1977 (as amended)
• Health and Safety (Consultation with Employees) Regulations 1996 (as amended)
• ACAS Code of Practice 3 - Time off for trade union duties and activities
• HSE - Consulting employees on health and safety

This agreement was approved for use by the JNCC on 3rd August 2021

Note

• Trade Union membership is available to all employees.
• Trade Union representation is defined by the size of membership, in terms of numbers of employees of the University who are members of the Trade Union, for the purposes of the JNCC.

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• Last reviewed and updated: 5 August 2021