Trade unions ‘under attack’ from council over paid time-off for reps

Trade unions claim they are “under attack” from Bristol City Council over plans that could change how much paid time off reps get for carrying out their role.

Unison, the largest trade union in the UK, says it “fundamentally disagrees” with the proposal which it fears could erode unions’ abilities to fight for workers’ rights, a council meeting heard.

The council says it currently goes beyond statutory limits for time off for union reps – officially called facilities time – and that it wants to produce a process that is fit for the 21st century in a “leaner organisation” because it has not been reviewed for decades.

But Unison Bristol branch secretary Tom Merchant told the human resources committee that while the first recent meeting between the two sides over the issue was “constructive”, the union could never agree with what was being suggested and there was almost no middle ground.

Merchant told the meeting: “Let’s be clear – we cannot compromise on 90 to 95 per cent of what is proposed.

He said Unison shared this position with trade union Unite, which had pointed out that trade unions had historically enjoyed a much better relationship with the council than what was required by law.

“Whereas ourselves and Unite disagree over pensions levels, we are 100 per cent together on this that we cannot re-draw at all because it would prevent us from managing the day-to-day control of issues at work.

“We have a 6,000-strong workforce, hundreds of cases each year and we have to have the ability to organise ourselves, which has to be independent from how management views good employee relations in the workplace.

“If we can keep the terms of reference to the core areas that management wants, the core areas we want and come to an understanding – not a new policy, an amendment – I think that is possible.

“But as a whole we still feel under attack as far as the facilities agreement goes.”

Labour councillor Kerry Bailes said: “We need to make sure they get their time off because if we are going to be as good an administration as we can be, they need to feel supported and need that support.”

City council HR business partner James Brereton told members on April 28: “Of course in some respects we do approach from different perspectives but there is common ground there and I’m very hopeful that over the coming weeks we will continue to have our private meetings and I hope we will make good progress and come back to this committee with something very worthwhile.”

Members heard the review was separate to the proposed cuts to corporate trade union duties in the annual budget in February, which were eventually dropped and full funding reinstated following criticism by opposition councillors and unions.

“The agreement is not about the budget. It’s about ‘what do good employee relations look like in Bristol City Council in the 21st century?’” said Brereton.

A report to the committee said: “The council has legal duties in relation to trade unions. Its approach exceeds statutory limits for time off and has not been reviewed in many years.

“From the management perspective, the aim of the work is to properly account for the time off of trade union representatives between duties (paid) and activities (unpaid) and between service-based and council-wide activities.

“We will also be seeking to agree minimum and maximum levels of representation across the organisation.”

The proposal comes in the midst of a petition organised by Unison South West over cuts to care staff at Bristol care home, St Monica Trust.

The decision is for any changes to be in place by April 2023.

Government guidance issued by the Cabinet Office says trade union duties are paid while trade union activities can be paid or unpaid at the employer’s discretion.

Examples of trade union duties include collective bargaining, such as over redundancy and employment terms and conditions, taking part in negotiations and attending disciplinary hearings, while trade union activities include union administration and correspondence.

Main photo: Betty Woolerton

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