Information for Managers: Working with staff who are Elected Union Officials
If you manage or supervise staff who are elected officials of any union, there are some very important issues you need to be aware of. This page will help explain them and has been designed to promote partnership working between management and staff side.
UNISON officers are unpaid volunteers that give up their time to promote better partnership relations between the Trust and staff. This responsibility often requires staff to be ‘stood down’ or abstracted for part or all of a shift. These abstraction are not simply a ‘day off’ work, they are often arduous and demanding but formulate a vital part of managing partnership working.
Much of UNISON's work depends on stewards getting paid time off to carry out union duties, such as talking to members, representing members and meeting with management. Without paid time off, it would be very difficult for the union to organise and members would lose out.
Stewards and branch officers have the right to time off for trade union duties, training and union activities. These rights come from the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out the basic rules governing the rights of trade union representatives to paid time off for union duties. These laws are supported and upheld by ACAS.
The law distinguishes between trade union work which should receive paid time off and that which may only be unpaid. Paid time off should be made available for trade union duties and training. Trade union duties cover all matters relating to collective bargaining and individual representation. These include meetings with management, preparation for these meetings, and keeping members informed about negotiations, discussions with management, terms and conditions etc.
The ACAS code stresses the importance of employers giving paid time off for stewards to be trained as soon as possible after they have been elected, for further updating training in specialist areas and where legislative change may affect industrial relations.
Below highlights some common questions managers face when dealing with abstraction requests:
Read the ACAS Code of Conduct for Time Off for Union Duties
One of my staff members has requested an abstraction for a night shift. How should this be handled?
Night shifts and weekend shifts are no different to day shifts when an abstraction is being considered. The law views the both the same. Whilst in the ambulance service, night and weekend work maybe more difficult to cover, it is the managerial responsibility to arrange the cover for this staff member.
I already have too many people off on annual leave, can I refuse an abstraction based on lack of cover?
Essentially no. Annual leave or sickness levels are not a lawful reason for refusing abstractions. This is because the management of these issues are not down the the union or its officials. Although, the individual concerned could be spoken to and asked if they could make some other arrangements. The responsibility to cover shifts rests with the management in regards to union duties.
I have a staff member who has already taken five abstractions this year. Is there an upper limit?
There is no limit to the number of abstractions that any one person may require. If, as a manager, you feel that there has been too many for that staff member then it would be wise to discuss with them with a view to balancing the needs of the Trust with the legal rights of the union officials. Union officials are advised to be wise when applying for abstractions so we will often suggest pathways to assist abstraction requests.
Can I ask a staff member to use annual leave for an abstraction request?
Absolutely not. That would be unlawful and would be dealt with accordingly.
A staff member has annual leave already booked and then requires an abstraction for that date. How is this handled?
If the abstraction is to assist the Trust with a development such as an LPF or other similar meeting then the annual leave is cancelled and the abstracted is automatically honored since their shift must have already been covered.
If the abstraction is for a union based duties which are unrelated to the Trust then the annual leave status is maintained and no paid time from the Trust is awarded.
What is the minimum notice I should receive before allowing an abstraction request?
The ACAS guidance on the issue is fourteen days which is something this branch adheres to where possible. It is vital to highlight that this is subject to flexibility in the event that the abstraction contains high important or time sensitive duties (disciplinary, representations, etc).
What if I have more than one staff member needing abstraction on the same day?
The law makes no provision for you to refuse an abstraction on the grounds that more than one staff member from the station or group is requesting abstraction. You are responsible for providing sufficient cover so long as reasonable notice of the abstraction has been given. The different union officials all have different roles and responsibilities so several members from the same station may need to attend a meeting or function even if they are all working the same day. The legislation supports this.
How should I refuse an abstraction request?
You may need to refuse an abstraction if you feel that serious detriment to the service's local function would occur if the individual does not perform their normal job role. For this to be considered lawful, you should make all reasonable attempts to have the shift(s) covered before refusing the abstraction.
You will need to provide a written response to the abstraction request when refusing it. Your response must clearly explain the reasons for the abstraction refusal and the steps you have already taken to provide a solution. Remember, refusal on the grounds of lack of cover or performance management issues maybe unlawful when you have been given 2 weeks or more notice.
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