Trade union recognition agreement policy checklist

The aim of this policy checklist on trade union recognition is to assist NEU reps to assess whether a recognition agreement meets statutory requirements, as well as the requirements for an NEU compliant agreement. 

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Model policy England Wales Trade union rights

Our model policies and policy checklists are designed to assist NEU reps in negotiating the best employment policies on behalf of our members.

Reps should consult members before agreeing new policies or changes to existing policies and should not agree policies that do not meet member expectations, any statutory requirements and NEU minimums.

Policy checklists can be used as a guide for reps when communicating with members over whether a proposed policy is acceptable.

Reps should always seek to work collaboratively with other unions. 

If a policy is unacceptable, members should consider a collective response that may include taking industrial action. For further advice contact your district or branch. 

Placard: Union recognition NOW - give us a voice so we DON'T need to Strike

Trade union recognition

Trade union recognition is a formal agreement with an employer for a particular union to undertake collective bargaining on behalf of that employer's staff.

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Model policies

Recognition model agreement for academies

The aim of this model agreement is to establish formal procedures for consultation and negotiation between academy trusts and unions, and to secure facilities for trade union representatives.

The statutory entitlements for recognised trade unions are set out in the Trade Union and Labour Relations (Consolidation) Act 1992.

This checklist sets out the requirements of TULRCA, which must be included in all recognition agreements, as well as the requirements for an NEU compliant agreement.

Coverage

TULRCA

  • Unions party to the agreement and types of workers for which they are recognised to collectively bargain on behalf of.
  • Right for all union members to individual representation regardless of collective bargaining arrangements.

New starters

NEU position 

  • Employer commitment to encourage all new staff to join one of the recognised unions.
  • Employer commitment to provide details of/access to new starters to recognised unions for recruitment purposes.

Trade union representatives

TULRCA

  • Right of recognised unions to elect or appoint reps including workplace, Health & Safety, Union Learning and employer level reps.
  • No trade union rep will suffer a detriment because of undertaking their role on behalf of members.

NEU position

Facilities for trade union representatives

TULRCA

  • Reasonable paid time off to fulfil trade union duties.
  • Reasonable paid time off for union training.

NEU position

  • Adequate, timetabled paid time off for workplace reps to carry out trade union duties.
  • Adequate additional timetabled paid time off for reps carrying out trade union duties at employer level.
  • Commitment to participate in Local Arrangements to pay into ‘pooled’ funding for paid time off for Local Officers.
  • Additional, ad-hoc, paid time off for all reps to attend meetings related to collective and individual representation.
  • Provision of physical facilities for reps inc. access to meeting rooms, provision of a union noticeboard, photocopying facilities etc. 
    Also see Acas Code of Practice on time off for trade union duties and activities.
  • Permits reps to hold meetings on the employer premises outside their normal working hours.2
  • Minimum 10 days PA paid time off work to attend union training.

Union activities (e.g. attending NEU annual conference)

TULRCA

  • Reasonable time off during working hours for members and reps to partake in trade union activities such as attending annual conference.

NEU position

  • Reasonable paid time off during working hours for members to partake in trade union activities.

Consultation & negotiation

TULRCA

NEU position

  • Commits to holding workplace and employer JCNC meetings at least once per academic term and more often if requested by either party.

Matters to be considered by JCNC/s

TULRCA

  • Negotiating machinery and procedures.
  • Terms and conditions of employment.
  • Staffing and pay structures.
  • Employment policies and procedures.
  • Matters of health and safety.
  • Operational issues affecting the deployment, security and prospects of staff.
  • Facilities for union reps.

NEU position

  • Staff training and development.
  • Professional issues (i.e. teaching and learning, including issues relating to the curriculum, behavior policy etc.)
  • Equal opportunities.

Confidentiality

NEU position

  • Agrees to confidentiality of union communication and that management will not undertake to monitor union emails or communications.

Failure to agree

NEU position

  • All parties agree that it is in the interests of all that consultation and negotiations are carried out expeditiously and with the aim of reaching an agreed settlement.
  • If the employer and unions cannot reach an agreement, the matter may be referred to the Advisory Conciliation and Arbitration Service (ACAS) by either party.
  • Whilst these procedures are being followed the employer will honour the status quo ante.

Review

NEU position

  • Provisions of the agreement may be reviewed at the request of either side of the JCNC and varied at any time by mutual agreement of all parties.
  • TURA itself may be terminated at any time by mutual agreement or following 12 months’ notice by either the union or employer side.
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