Employee Relations Framework

Employee Relations Framework

Introduction

It is important that all directorates follow a consistent approach to consultation in order to ensure that the Council complies with its statutory obligations and provides a consistent single organisational approach to consultation. This document outlines the overall framework for consultation, communication and information and the actions that should be followed to provide full and meaningful consultation and engagement with employees and trade unions.

Joint Consultative Groups

The Employee Relations Framework includes a hierarchy of arrangements for Joint Consultative Groups (JCG’s) ranging from local to corporate and member level. Issues can enter the consultation machinery directly at the appropriate level according to their strategic and corporate importance, or alternatively can be escalated to the next level where further consultation is required.

A diagram representing the structure of the JCG’s is below:

County Council JCG
Corporate JCG
(Chief Executive led)
HR
JCG
(HR led) / Directorate JCG’s
(Director led) / Schools JCG
(AD led)

It is recognised that issues may flow both up and down the JCG’s and issues do not necessarily have to be discussed at directorate level prior to discussion at a corporate level. Nevertheless the principle will be that issues should be resolved at the lowest appropriate level. The appropriateness of an item for discussion at a JCG will be determined by the Chair of the Group.

County Council Joint Consultative Group

The County Council JCG is the highest level within the employee relations framework within which the Council may carry outs it’s obligations to consult and inform all recognised trade unions on matters of strategic and corporate importance affecting the workforce.

Corporate Joint Consultative Group

The Corporate JCGforms part of the overall employee relations framework of Cumbria County Council and underpins the member body. It is led by the Chief Executive and incorporates all recognised trade unions representing the Council’s employees.

The principle objective and purpose of the Corporate JCG is to discuss the workforce impact of matters of corporate importance such as the Council’s strategic priorities and the way its resources, including finances, are aligned and configured to meet these priorities.

HR Joint Consultative Group

The HR JCG is led by the Assistant Director – People Management. It will support the overall employee relations framework by complimenting individual Directorate JCG’s and providing support and information to the Corporate JCG. It incorporates all recognised trade unions representing the Council’s employees. The HR JCG willreview and consider any queries/outcomes from the directorate JCG’s and the outcomes from these meetings will then be fed into the Corporate JCG.

Directorate Joint Consultative Group

Directorate JCG’s will operate in all Directorates and will be led at Chief Officer Level i.e. Corporate Director and/or Assistant Director. The aim is to ensure consistency in the approach that all directorates take to consulting, communicating and informing all recognised Trade Union representatives and also to meet our statutory requirements for meaningful consultation.

Directorate JCG’s should be held on a quarterly basis, as a minimum. However it is anticipated that when required, for example during a consultation period, they will be held more regularly in order to allow full and meaningful consultation. Meetings should only be cancelled if all parties agree that they are not required.

It is important that all Directorates follow a consistent approach during a consultation period in order to ensure that the Council complies with its statutory obligations and provides a single organisational approach to consultation. In addition to the statutory requirements for consultation there may be occasions when the Directorate JCG can be used to give the Trade Unions informal / advance notice that a consultation is likely to commence, however this will depend on the individual circumstances.

A template Agenda for Directorate JCG’s is attached. During a consultation period, in order to fulfil our statutory obligations, Directorate JCG’s should specifically consult on the following, which are listed under item 3 of the template.

• Ways of avoiding the dismissals
• Ways of reducing the number of employees to be dismissed
• Ways of mitigating the consequences of the dismissals
• Alternative proposals from the Trade Unions

For further guidance on consultation see the Managing Structural or Organisational Change procedure.

During a consultation period Directorate JCG’s will be required to feed into the HR JCG details of any comments, contributions or feedback. In order to support this process a Minutes template is attached a. Any items which are to be referred to the HR JCG should be indicated in the relevant column and a copy of the minutes sent to Corporate HR. This information will then be reviewed and considered at the next HR JCG meetings.

By the end of a consultation period Directorate JCG’s should have presented and discussed the proposed changes to both employees and Trade Unions. The meetings provide an opportunity for Trade Unions to give their feedback and for the Corporate Director to answer any queries

Directorates should familiarise themselves with the Council’s current agreement on Trade Union Facilities and Time off for Trade Union duties and Activities. This gives clear guidelines on the provision of reasonable time off and other facilities for representatives of recognised Trade Unions, in order for them to attend meetings and speak to their members.

The current agreement can be found on Intouch at:

Directorate Joint Consultative Group

Terms of Reference

1. Name

1.1The group shall be known as the Directorate Joint Consultative Group (Directorate JCG).

2. Scope

2.1The Directorate JCGforms part of the overall employee relations framework within Cumbria County Council. It is Directorate led and chaired by the Corporate Director/Assistant Director. It will incorporate all recognised trade unions representing the Council’s employees.

2.2The group will meet on a quarterly basis (or more frequently if required).

2.3The Directorate JCG is not designed to act as a safety group convened under health and safety legislation and associated regulations.

2.4The Directorate JCG will not consider:

i.Matters subject to negotiation or collective bargaining.

ii.Questions or matters concerning an individual employee

iii.Changes required by legislation

iv.Matters where another council procedure or appeal mechanism is available to consider the matter.

3. Purpose

3.1The principle purpose of the Directorate JCG is to encourage good working relationships through positive and meaningful communication and consultation with the recognised trade unions.

3.2The Directorate JCG will ensure a consistent approach throughout the Council to consulting, communicating and informing the recognised Trade Unions which meets statutory requirements.

3.3Directorate JCG’s will be required to feed into the HR JCG details of any comments, contributions or feedback .

3.4The Directorate JCGwill secure the widest possible joint consultation regarding workforce issues for employees represented by the recognised Trade Unions, including:

1. Employee relations
2. Equality and diversity
3. Training
4. Revisions to policies and procedures
5. Matters likely to impact on all employees arising from corporate strategies;
6. council wide or directorate/service reorganisation
7. Specific projects
8. Outstanding operational issues

4.Meetings

4.1Ordinary meetings of the Directorate JCG will take place quarterly on dates to be agreed in advance. With the agreement of the Chair extraordinary meetings may take place to consider matters that cannot be deferred to the next ordinary meeting, by reason of urgency.

AGENDA

[insert title of Directorate ] JOINT CONSULTATIVE GROUP

Date and Time
Venue
Chairperson
Item / Insert initials of lead officer / Insert copies of any relevant documents
1. / Welcome and introductions
2. / Minutes from last meeting and matters arising
3. / Potential Workforce Changes (if / when applicable)

• Ways of avoiding the dismissals

• Ways of reducing the number of employees to be dismissed

• Ways of mitigating the consequences of the dismissals

• Alternative proposals from the Trade Unions

/ Chair
4 / Items submitted by the Trade Unions
5.
9 / AOB
10. / Date of next meeting

MINUTES

[insert title of Directorate ] JOINT CONSULTATIVE GROUP

Date and Time
Venue
Chairperson
Attendees
Item / Action / Refer to HR JCG
Apologies:
1 / Welcome and introductions
2 / Minutes of previous meetings and matters arising
3
4.
5. / AOB
Date of next meeting