1.1 This agreement sets out the arrangements that will govern time off for accredited trade union reps so that they can be applied in a fair and consistent manner across Tendring District Council.
1.2 Tendring District Council and Tendring Unison/Unison in Essex support the system of collective bargaining and the principle of solving employee relations problems by discussion and agreement.
1.3 All parties recognise that it is vital to good employee relations that union reps have the time and facilities to adequately represent the workforce.
1.4 All parties recognise that time off arrangements can facilitate the resolution of issues before they escalate into more costly forms of dispute or bring lasting damage to standards of service.
1.5 Tendring District Council and Tendring Unison/Unison in Essex will ensure that managers and union representatives understand the contents of this agreement so that it can be implemented consistently across the organisation.
2.1 The provisions of this agreement shall apply to accredited representatives of the union, who have been duly elected or appointed in accordance with the rules of the union.
2.2 The union will determine the appropriate number of representatives they wish to appoint, having regard to the size and location of its membership. The union agrees to inform Tendring District Council in writing of the names of all elected representatives at the earliest possible opportunity and provide notification of any subsequent changes. Persons whose names have been notified to Tendring District Council shall be the sole representatives of the UNISON membership.
2.3 The union will issue written credentials and notify Tendring District Council of the number and location of constituencies for which each representative will be responsible.
3.1 This agreement seeks to establish a formal policy and procedure on trade union duties and activities in accordance with the legislative framework. It is recognised that it is not possible to be prescriptive about all duties, activities and the time required to carry them out. It is agreed that requests for time off will not be unreasonably refused.
3.2 Accredited representatives will be permitted paid time off during working hours to carry out duties that are concerned with any aspect of collective bargaining and representation of individual members, including:
• Terms and conditions of employment, including physical working conditions, pay, hours of work, holidays and holiday pay, sick pay arrangements, pensions, learning and training, equality and diversity, notice periods and operation of digital equipment;
• Engagement, termination, transfer or suspension of employment, including recruitment and selection policies, human resource planning. redundancy and dismissal arrangements;
• Allocation of work or the duties of employment as between employees or groups of employees, including job grading, job evaluation, job descriptions, flexible working practices and work-life balance;
• Matters of discipline, including disciplinary procedures, arrangements for representing or accompanying employees at internal interviews, arrangements for appearing on behalf of trade union members, or as witnesses, before agreed outside appeal bodies or employment tribunals;
• Trade union membership, including representational arrangements and induction of new workers.
3.3 As part of fulfilling these duties, paid time off shall be permitted to:
• Prepare for negotiations, including attending relevant meetings;
• Inform members of progress and outcomes;
• Prepare for meetings with the employer about matters for which the union has only representational rights.
3.4 In addition, reasonable levels of paid time shall be permitted for wider activities of reps as part of their union, including:
• Branch, area or regional meetings of the union where the business of the union is under discussion;
• Meetings of official policy making bodies such as the executive committee or annual conference;
• Meetings with full time officers to discuss issues relevant to the workplace;
• Recruitment of new members;
• Distributing union literature.
4.1 Tendring District Council will observe the legal duty to permit accredited health and safety representatives such time off with pay as necessary for the purposes of:
• Engaging in consultation over making and maintenance of arrangements which will enable effective co-operation in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures;
• Investigating potential hazards and dangerous occurrences at the workplace (whether or not they are drawn to the rep’s attention by the employees represented) and to examine the causes of accidents at the workplace;
• Investigating complaints by any employee represented relating to that employee's health, safety or welfare at work;
• Making representations to the employer on matters arising out of such investigations;
• Making representations to the employer on general matters affecting the health, safety or welfare at work of the employees at the workplace;
• Representing the employees the rep was appointed to represent in consultations at the workplace with inspectors of the Health and Safety Executive and of any other enforcing authority, including receiving information and attending meetings as part of such consultations.
4.2 In addition, reasonable levels of paid time shall be permitted for wider activities of health and safety reps as part of their union, as per decision 3.3 above.
5.1 Accredited Union Learning Representatives and Union Equality Representatives (with effect from October 2026) shall be entitled to take reasonable paid time off for the following specific purposes:
• Analysing learning or training needs;
• Providing information and advice about learning or training matters;
• Arranging learning or training;
• Promoting the value of learning or training;
• Consulting the employer in relation to such activities;
• Preparation in relation to such activities.
5.2 In addition, reasonable levels of paid time shall be permitted for wider activities of union learning and equality reps as part of their union, as per decision 3.3 above.
6.1 Reasonable paid time off will be granted to all accredited representatives, including trade union representatives, health and safety representatives, union learning representatives and union equality representatives to attend training approved by the TUC or Unison.
6.2 The Council recognises that:
• Newly appointed representatives should receive initial training as soon as practicable.
• Ongoing refresher training is necessary where there are changes in legislation, ACAS guidance, recommended practice or organisational structure;
• Effective training supports positive employee relations and the early resolution of workplace issues, but particularly where the rep takes on special responsibilities, changes occur in legislation and recommended practices, or in response to major organisational changes.
7.1 Other accredited representatives will be given reasonable paid time off during normal working hours to carry out the functions related to their representational responsibilities.
8.1 Where paid time off is granted, the union rep will receive the amount they would have earned had they worked during the time taken or, where earnings vary with the work done, an amount calculated by reference to the average hourly earnings for the work they are employed to do. This amount will include average bonus or overtime payments where these are contractual.
8.2 Senior branch officers who spend the whole of their contractual time on trade union duties and / or activities will be entitled to the full package of pay and conditions which they would normally have received had they been working, including all allowances and any rights to professional training or registration.
8.3 Where representatives attend meetings called by management, management will always try to ensure that the meetings take place while the appropriate representatives are on duty, either by adjusting dates of meetings or amending rotas with the agreement of the individual concerned.
8.4 However. when representatives, other than those with full-time secondment, attend meetings called by management during their normal working hours which extend beyond normal finishing time, they will be paid at plain time rates for the additional hours worked, except that, where earnings vary with the work done, the amount will be calculated by reference to the average hourly earnings for the work they are employed to do, including average bonus or contractual overtime payments.
8.5 Where representatives attend meetings called by management which occur entirely in their off-duty time, they will be reimbursed for the hours spent at the meetings at plain time rates. If a meeting is to take place on the representative's day off or while the representative is not on duty, an equivalent amount of time off in lieu will be given at a time agreeable to both parties, subject to the contingencies of the service.
9.1 Before taking time off, the accredited representatives must obtain the permission of their manager, informing the manager in writing of the general purpose of the time off, the intended location, the expected timing and duration of time off required, as soon as practically possible.
9.2 Tendring Unison/Unison in Essex will give adequate advance notice of training course dates in writing to relevant line-managers alongside any calendar of major union meetings, such as regional meetings or annual conferences that representatives would seek to attend.
10.1 Where a transfer of staff takes place through contracting out or internally to wholly owned subsidiaries, proportionate time off arrangements will be retained to allow representation of affected staff.
10.2 Reps shall be permitted to continue representing affected staff until new arrangements among transferred staff have been established for representation.
11.1 During the approved absence of reps under this agreement, Tendring District Council will endeavour to make appropriate workload arrangements, in line with the ACAS code, which recommends:
• The allocation of duties to other employees;
• Rearranging work to a different time;
• A reduction in workloads.
11.2 It is acknowledged that forward planning will not always allow adequate cover for demands on reps at short notice. Therefore, managers will be resourced to enable them to respond to such situations and clear procedures set in each workplace for short term demands.
11.3 Where major projects require sustained time off for workplace reps, fully funded backfill shall apply for the duration of the project.
12.1 In accordance with statutory requirements and ACAS guidance, Tendring District Council will, where requested and where reasonable provide defined facilities to accredited union representatives, union learning representatives and union equality representatives to enable them to carry out their duties, including provision of: Secure storage;
• A notice board;
• Access to confidential telephone, internal mail and email;
• Reasonable use of equipment such as telephones, franking machines, photocopiers, and PCs;
• Reasonable accommodation for meetings and trade union education;
• Appropriate facilities for meetings and training.
13.1 Individuals will not be discriminated against during the course of their employment for membership of a trade union or activities as a union representative.
13.2 In line with the ACAS code Tendring District Council will respect the confidential and sensitive nature of communications between union representatives and unions members.
13.3 Tendring District Council shall provide transparency about the organisation’s monitoring and storage of electronic communications There shall be no monitoring of union emails other than in a highly exceptional circumstance, as defined by the Information Commissioner. If Tendring District Council believes such exceptional circumstances apply, its reasons shall be set out to union reps for their consideration.
14.1 Where a union rep has been given full-time release for union duties and activities and the employee’s period in office as that rep comes to a conclusion, the employee shall return to their substantive post or where following consultation reorganisation has resulted in the loss of that post, every effort will be made to make available a suitable alternative without detriment to terms and conditions in line with Tendring District Council’s organisational change policy.
15.1 Tendring District Council and Tendring Unison/Unison in Essex agree to make every effort to resolve disputes in relation to time off for trade union duties and activities.
15.2 However, it is recognised that it is not possible to be prescriptive about all duties, activities and the time required to carry them out, therefore disputes may arise in interpretation of this agreement.
15.3 It is agreed that requests for time off will not be unreasonably refused. But where permission to take time off is withheld, an explanation for the reason(s) will be given by the appropriate representative of management.
15.4 If Tendring Unison/Unison in Essex is dissatisfied with the decision, the matter may be referred to Katie Wilkins Assistant Director, People.
16.1 Either side may submit proposals for amendment of this agreement, which will then be discussed at the joint negotiating committee.
16.2 Both sides agree to review this agreement in twelve months and annually thereafter.
This agreement comes into force on:
Date:………………………………..
This agreement will be reviewed on:
Date:………………………………..
SIGNED ……………………………. for Tendring District Council
DATE ………………………………..
SIGNED …………………………….. for Tendring Unison/Unison in Essex
DATE ………………………………..