Decision

Method Decision

Updated 30 January 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1269/2022

30 January 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

METHOD OF COLLECTIVE BARGAINING

The Parties:

University and College Union (UCU)

and

University of Brighton

1. Introduction

1) UCU (the Union) submitted an application to the CAC dated 18 May 2022 that it should be recognised for collective bargaining purposes by the University of Brighton (the Employer) in respect of a bargaining unit comprising “Professors employed by the University on a professorial contract.” The location of the bargaining unit was given as “All Brighton University campuses.” The application was received by the CAC on 18 May 2022 and the CAC gave both parties notice of receipt of the application on 19 May 2022. The Employer submitted a response to the CAC dated 25 May 2022 which was copied to the Union.

2) In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chair established a Panel to deal with the case. The Panel consisted of Professor Gillian Morris, Panel Chair, and, as Members, Mr Nicholas Childs and Mr Roger Roberts. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 17 June 2022 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. In an email to the Case Manager dated 28 June 2022 the Employer confirmed that the Union’s proposed bargaining unit was an appropriate bargaining unit

4) By a decision dated 13 July 2022 the Panel determined that a majority of the workers constituting the bargaining unit were members of the Union and that none of the qualifying conditions laid down in paragraph 22(4) of Schedule A1 to the Act (the Schedule) were fulfilled. Accordingly, the Panel issued a declaration that the Union was recognised by the Employer as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit comprising “Professors employed by the University on a professorial contract.”

2. Issues

5) Paragraph 30 of the Schedule states that if the CAC issues a declaration that the union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit the parties may, in the negotiation period, conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining. The “negotiation period” is the period of 30 working days starting with the start day (the day after that on which the parties are notified of the declaration) or such longer period (so starting) as the parties may from time to time agree. If no agreement is made in the negotiation period the employer or the union may apply to the CAC for assistance. Paragraph 31 of the Schedule states that if an application for assistance is made to the CAC under paragraph 30 the CAC must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining. The “agreement period” is the period of 20 working days starting with the day after that on which the CAC receives the application under paragraph 30 or such longer period (so starting) as the CAC may decide with the consent of the parties. If at the end of the agreement period the parties have not made such an agreement, the CAC must specify to the parties the method by which they are to conduct collective bargaining. Any such method is to have effect as if it were contained in a legally enforceable contract made by the parties.

6) Paragraph 168 of the Schedule states that in specifying the method of collective bargaining the CAC must take into account the method specified in the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (“the specified method”) but may depart from it to such extent as the CAC thinks it is appropriate to do so in the circumstances.

3. Correspondence relating to the method of collective bargaining

7) In a letter dated 13 July 2022, which accompanied the declaration of recognition, the Case Manager informed the parties that the next stage of the process was for them to negotiate with a view to reaching agreement on a method by which they would conduct collective bargaining. The letter explained that the negotiation period of 30 working days (see paragraph 5 above) would end on 24 August 2022. To assist the parties, a copy of the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (“the 2000 Order”) was attached to the letter. The letter explained that if no agreement was reached in the negotiation period either party could apply to the CAC for assistance.

8) In an e-mail to the Case Manager dated 7 October 2022 the Union applied to the CAC for assistance as the parties had not agreed a method of collective bargaining in the negotiation period. In a letter to the parties dated 7 October 2022 the Case Manager acknowledged the Union’s request for assistance. The letter explained that under paragraph 31 of the Schedule, if an application is made by either party for assistance, the CAC has a period of 20 working days (or such longer period as the CAC may decide with the consent of the parties) to try to help the parties reach an agreement on a method by which they will conduct collective bargaining. The parties were informed that if, at the end of that period, the parties had not made such an agreement, the CAC must specify the method to the parties, and that this method would be legally enforceable although the parties may subsequently agree, in writing, changes to this method and may agree, in writing, that it is not legally enforceable. The parties were also reminded that in deciding the method the CAC must take into account the 2000 Order, a further copy of which was attached.

9) In a letter from the Case Manager dated 25 October 2022 the parties were invited to attend an informal meeting at which the Panel Chair would explore whether agreement could be reached by the parties on a method by which they would conduct collective bargaining. A virtual meeting was held on 8 November 2022. At that meeting both parties expressed a willingness to engage in negotiations based on the specified method but with consideration of changes that would be appropriate in their individual circumstances.  Both parties agreed that such negotiations should be completed no later than 31 December 2022.

10) In an e-mail to the CAC dated 19 December 2022 the Union said that, unfortunately, it had been unable to reach agreement with the Employer

11) In a letter to the parties dated 21 December 2022 the Case Manager informed them that, as they had not agreed a method of collective bargaining, and the CAC having been asked for assistance, the Panel was now required to specify a method. The parties were reminded that in deciding the method the CAC must take into account the 2000 Order which would be the starting point for the Panel, with consideration then being given to the appropriateness of any proposals from the parties which departed from that method. The parties were informed that their written submissions should therefore be tailored accordingly. The parties were also informed that it may be necessary to hold a hearing to resolve this matter but that the Panel proposed in the first instance to consider the parties’ written submissions and then form a view as to whether a hearing was required. If the Panel concluded that it could not reach its decision fairly without some form of hearing, the parties would be informed accordingly.

12) The Employer attached to an e-mail to the Case Manager dated 4 January 2023 a draft document with tracked changes to the specified method which it said had been shared with the Union for comment in December 2022. The changes of substance to the specified method contained in this document were as follows:

Paragraph 4: Change the name from ‘Joint Negotiating Body’ to ‘Joint Negotiating Committee’.

Paragraph 6: Delete last sentence, which reads “[u]nless it would be unreasonable to do so, the employer shall select as a representative the most senior person responsible for employee relations in the bargaining unit”.

Paragraph 8: The substitution of the words “In agreement with the Secretary of a Side, observers and substitutes may attend JNB meetings as appropriate”.

Paragraph 9: Change “Chairman” to “Chairperson” here and throughout the document.

Paragraph 15. In relation to bargaining procedure, the Employer proposed April 1 as the date for commencement of the process with an effective date of the following August to align with the national pay bargaining process. The Employer also proposed changes consequent on that amendment.

Paragraph 21. The Employer proposed that “teaching” should be substituted for “production and services” in the second full sentence.

13) In an email to the Case Manager dated 9 January 2023 the Union proposed the following changes to the specified method:

Paragraph 1: Change “union” to UCU.

Paragraph 4: Negotiating body to be called the “Professoriate Joint Negotiating Body”.

Paragraph 8: Amend to allow the attendance of observers with the agreement of both sides. Substitutes, as long as they are qualified and meet the criteria in paras 6 and 7 above, should be allowed.

“Chairman” to be replaced by “Chair” throughout.

The Union said that it was open to considering any proposed amendments to the specified method from the Employer as long as those amendments did not dilute the remedies for non-compliance.

14) In a letter to the parties dated 12 January 2023 the Case Manager cross-copied the parties’ submissions and invited them to comment on what the other party had proposed.

15) In an e-mail to the Case Manager dated 18 January 2023 the Union confirmed that it was content with the revisions to the bargaining procedure proposed by the Employer. The Union said that it could not see why the Employer wanted to delete the last sentence of paragraph 6 of the specified method and asked if the Employer wanted to send someone junior in HR to attend. The Union opposed the deletion of that sentence. The Union also opposed the amendment to paragraph 8 of the specified method proposed by the Employer and said it was unsure the amendment made the matter clearer as the Employer had contended.

16) No comments were received from the Employer on the amendments proposed by the Union by the deadline set out in the Case Manager’s letter.

4. Considerations

17) No agreement on a method of collective bargaining had been reached by the parties within either the 30 day negotiation period or the 20 day agreement period. Accordingly, under paragraph 31(3) of the Schedule, the CAC Panel must specify to the parties the method by which they are to conduct collective bargaining.

18) Paragraph 168 states that in specifying the method the CAC must take into account the specified method as set out in the 2000 Order but may depart from it to such extent as the CAC thinks is appropriate in the circumstances.

19) The Panel Chair, having considered the parties’ written submissions, took the view that the matter could be determined without the need for a formal hearing. In accordance with the procedure set out in paragraph 11 above the Panel took as its starting point the 2000 Order and then proceeded to consider the appropriateness of any proposals from the parties which departed from that method. The only amendments to the specified method which were contentious between the parties are set out below together with the Panel’s decision relating to each of those proposed amendments:

1) The name of the negotiating body. Both parties wished to replace the title “Joint Negotiating Body” used in the specified method. The Employer used the term “Joint Negotiating Committee”; the Union preferred “Professoriate Joint Negotiating Body” on the ground that there was already a Joint Negotiating Committee in place at the Employer from which professors were excluded. The Panel has decided that the negotiating body should be called the Professoriate Joint Negotiating Body (“PJNB”).

2) Chair or chairperson? The parties were in agreement that the terms “Chairman” and “chairmanship” used in the specified method should be replaced. The Employer preferred the term “Chairperson”, the Union preferred “Chair”. The Panel has decided that the terms ‘Chair’ and “chairing” should replace “Chairman” and “chairmanship”.

3) Paragraph 6. The Employer proposed the deletion of the final sentence which reads “[u]nless it would be unreasonable to do so, the employer shall select as a representative the most senior person responsible for employee relations in the bargaining unit”. The Union opposed the deletion of this sentence and wondered if it meant that the Employer wanted thereby to send a junior member of HR to attend. The Panel considers that the preceding sentences of paragraph 6 provide sufficient assurance that the individuals in question will have sufficient seniority and does not consider that an individual occupying a specific role should be required to attend.

4) Paragraph 8. Paragraph 8 of the specified method states that the negotiating body “shall determine its own rules in respect of the attendance at … [its] meetings of observers and substitutes who deputise for … [its] members. The Employer proposed that paragraph 8 should be amended to read “In agreement with the Secretary of a Side, observers and substitutes may attend JNB meetings as appropriate” on the ground that this made the matter clearer. The Union opposed this amendment, submitting that it did not make the matter clearer and that paragraph 8 should be amended to allow the attendance of observers with the agreement of both sides and should allow the attendance of substitutes, as long as they are qualified and meet the criteria in paragraphs 6 and 7 of the specified method. The Panel has decided that the paragraph 8 of the specified method should be retained in order to allow the parties to determine their own rules on this matter.

20) The Panel has decided that the method to be specified is the specified method contained in the 2000 Order subject to the following changes listed below:

Paragraph 1

The parties are identified in paragraph 1 of the specified method.

The second sentence has been deleted as it was not applicable given the circumstances of the case.

Paragraph 2

The description of the bargaining unit has been added in the appropriate place.

Paragraph 4 et seq.

In accordance with the Panel’s decision set out in paragraph 19 above the negotiating body is titled the “Professioriate Joint Negotiating Body” (henceforth “PJNB”)

Paragraph 5

The final two sentences have been deleted as they are not applicable given the circumstances of the case.

Paragraph 6

The final sentence has been deleted in accordance with the Panel’s decision set out in paragraph 19 above.

Paragraph 9 et seq.

In accordance with the Panel’s decision set out in paragraph 19 above, “Chair” has been substituted for “Chairman” throughout the specified method and “chairing” has been substituted for “chairmanship.

Paragraph 11 et seq.

“He” and “his” have been replaced by “they” and “their” throughout.

Paragraph 15

This has been amended to take account of the national bargaining procedures as proposed by the Employer and agreed by the Union (see paragraphs 12 and 15 above).

Paragraph 21

“Production and services” have been replaced by “teaching” in the second sentence.

Implications of the specified method

21) The bargaining method imposed by the CAC has effect as if it were a legally binding contract between the Employer and the Union. If one party believes the other is failing to respect the method, the first party may apply to the court for an order of specific performance, ordering the other party to comply with the method. Failure to comply with such an order could constitute contempt of court.

22) The parties can vary the bargaining method, including the fact that it is legally binding, by agreement provided that they do so in writing.

23) The fact that the CAC has imposed a method does not affect the rights of individual workers under either statute or their contracts of employment. For example, it does not prevent or limit the rights of individual workers to discuss, negotiate or agree with their employer terms of their contract of employment which differ from the terms of any collective agreement into which the Employer and the Union may enter as a result of collective bargaining conducted by this method. Nor does the imposed method affect an individual’s statutory entitlement to time off for trade union activities or duties.

24) The CAC having imposed a bargaining method on the parties, the Employer is separately obliged, in accordance with Section 70B of the Trade Union and Labour Relations (Consolidation) Act 1992 (as inserted by section 5 of the Employment Relations Act 1999), to consult union representatives periodically on the policy, actions and plans on training.

5. Decision

25) The decision of the Panel is that the method detailed in Appendix A to this decision is specified as the method by which the parties are to conduct collective bargaining.

Panel

Professor Gillian Morris, Panel Chair

Mr Nicholas Childs

Mr Roger Roberts

30 January 2023

6. Appendix A

6.1 THE SPECIFIED METHOD

6.2 The Parties

1) The method shall apply to the two parties, who are referred to here as the “employer” and the “union”. The “employer” means University of Brighton; the “union” means the University and College Union.

6.3 The Purpose

2) The purpose is to specify a method by which the employer and the union conduct collective bargaining concerning the pay, hours and holidays of the workers comprising the bargaining unit, i.e Professors employed by the University on a professorial contract.

3) The employer shall not grant the right to negotiate pay, hours and holidays to any other union in respect of the workers covered by this method.

6.4 The Professoriate Joint Negotiating Body

4) The employer and the union shall establish a Professoriate Joint Negotiating Body (PJNB) to discuss and negotiate the pay, hours and holidays of the workers comprising the bargaining unit. No other body or group shall undertake collective bargaining on the pay, hours and holidays of these workers, unless the employer and the union so agree.

6.5 PJNB Membership

5) The membership of the PJNB shall usually comprise three employer representatives (who together shall constitute the Employer Side of the PJNB) and three union representatives (who together shall constitute the Union Side of the PJNB).

6) The employer shall select those individuals who comprise the Employer Side. The individuals must either be those who take the final decisions within the employer’s organisation in respect of the pay, hours and holidays of the workers in the bargaining unit or who are expressly authorised by the employer to make recommendations directly to those who take such final decisions.

7) The union shall select those individuals who comprise the Union Side in accordance with its own rules and procedures. The representatives must either be individuals employed by the employer or individuals employed by the union who are officials of the union within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).

8) The PJNB shall determine their own rules in respect of the attendance at PJNB meetings of observers and substitutes who deputise for PJNB members.

6.6 Officers

9) The Employer Side shall select one of its members to act as its Chair and one to act as its Secretary. The Union Side shall select one of its members to act as its Chair and one to act as its Secretary. The same person may perform the roles of Chair and Secretary of a Side.

10) For the twelve months from the date of the PJNB’s first meeting, meetings of the PJNB shall be chaired by the Chair of the Employer Side. The Chair of the Union Side shall chair the PJNB’s meetings for the following twelve months. The chairing of PJNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair PJNB meetings, a PJNB meeting shall be chaired by another member of that person’s Side.

11) The Secretary of the Employer Side shall act as Secretary to the PJNB. They shall arrange for the circulation documentation and agendas in advance of PJNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of PJNB meetings. The Secretary of the Employer Side shall work closely with the Secretary of the Union Side in the discharge of these duties, disclosing full information about their performance of these tasks.

6.7 PJNB Organisation

12) Draft agendas shall be circulated at least three working days in advance of PJNB meetings. The draft record of PJNB meetings shall be circulated within ten working days of the holding of meetings for approval at the next PJNB meeting. The record does not need to be a verbatim account, but should fully describe the conclusions reached and the actions to be taken.

13) Subject to the timetable of meetings stipulated in paragraphs 15, 17, 20 and 28 below, the date, timing and location of meetings shall be arranged by the PJNB’s Secretary, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the PJNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

6.8 Bargaining Procedure

14) The union’s proposals for adjustments to pay, hours and holidays shall be dealt with on an annual basis, unless the two Sides agree a different bargaining period.

15) The PJNB shall conduct these negotiations for each bargaining round according to the following staged procedure.

Step 1 - The union shall set out in writing, and send to the employer, its proposals (the “claim”) to vary the pay, hours and holidays, specifying which aspects it wants to change. In its claim, the union shall set out the reasons for its proposals, together with the main supporting evidence at its disposal at the time. The annual date will be 1 April when the employer enters negotiations on the pay, hours and holidays of all the workers in the bargaining unit. The union shall submit its first claim at least a month in advance of this date (and by the same date in subsequent rounds). The effective date of any pay award will be the following August. If the union fails to submit its claim by this date, then the procedure shall be ended for the bargaining round in question. Exceptionally, the union may submit a late claim without this penalty if its work on the claim was delayed while the Central Arbitration Committee considered a relevant complaint by the union of failure by the employer to disclose information for collective bargaining purposes.

Step 2 - Within ten working days of the Employer Side’s receipt of the union’s letter, a quorate meeting of the PJNB shall be held to discuss the claim. At this meeting, the Union Side shall explain its claim and answer any reasonable questions arising to the best of its ability.

Step 3 -

(a) Within fifteen working days immediately following the Step 2 meeting, the employer shall either accept the claim in full or write to the union responding to its claim. If the Employer Side requests it, a quorate meeting of the PJNB shall be held within the fifteen day period to enable the employer to present this written response directly to the Union Side. In explaining the basis of their response, the employer shall set out in this written communication all relevant information in their possession. In particular, the written communication shall contain information costing each element of the claim and describing the business consequences, particularly any staffing implications, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. The basis of these estimated costs and effects, including the main assumptions that the employer has used, shall be set out in the communication. In determining what information is disclosed as relevant, the employer shall be under no greater obligation than they are under the general duty imposed on them by sections 181 and 182 of the 1992 Act to disclose information for the purposes of collective bargaining.

(b) If the response contains any counter-proposals, the written communication shall set out the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the counter proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act.

Step 4 - Within ten working days of the Union Side’s receipt of the employer’s written communication, a further quorate meeting of the PJNB shall be held to discuss the employer’s response. At this meeting, the Employer Side shall explain its response and answer any reasonable questions arising to the best of its ability.

Step 5 - If no agreement is reached at the Step 4 meeting (or the last of such meetings if more than one is held at that stage in the procedure), another quorate meeting of the PJNB shall be held within ten working days. The union may bring to this meeting a maximum of two other individuals employed by the union who are officials within the meaning of the sections 1 and 119 of the 1992 Act. The employer may bring to the meeting a maximum of two other individuals who are employees or officials of an employer’s organisation to which the employer belongs. These additional persons shall be allowed to contribute to the meeting, as if they were PJNB members.

Step 6 - If no agreement is reached at the Step 5 meeting (or the last of such meetings if more than one meeting is held at that stage in the procedure), within five working days the employer and the union shall consider, separately or jointly, consulting ACAS about the prospect of ACAS helping them to find a settlement of their differences through conciliation. In the event that both parties agree to invite ACAS to conciliate, both parties shall give such assistance to ACAS as is necessary to enable it to carry out the conciliation efficiently and effectively.

16) The parties shall set aside half a working day for each PJNB meeting, unless the Employer Side Chair and the Union Side Chair agree a different length of time for the meeting. Unless it is essential to do otherwise, meetings shall be held during the normal working time of most union members of the PJNB. Meetings may be adjourned, if both Sides agree. Additional meetings at any point in the procedure may be arranged, if both Sides agree. In addition, if the Employer Side requests it, a meeting of the PJNB shall be held before the union has submitted its claim or before the employer is required to respond, enabling the Employer Side to explain the business context within which the employer shall assess the claim.

17) The employer shall not vary the contractual terms affecting the pay, hours or holidays of workers in the bargaining unit, unless they have first discussed their proposals with the union. Such proposals shall normally be made by the employer in the context of their consideration of the union’s claim at Steps 3 or 4. If, however, the employer has not tabled their proposals during that process and they wish to make proposals before the next bargaining round commences, they must write to the union setting out their proposals and the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. A quorate meeting of the PJNB shall be held within five working days of the Union Side’s receipt of the letter. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

18) Paragraph 17 does not apply to terms in the contract of an individual worker where that worker has agreed that the terms may be altered only by direct negotiation between the worker and the employer.

6.9 Collective Agreements

19) Any agreements affecting the pay, hours and holidays of workers in the bargaining unit, which the employer and the union enter following negotiations, shall be set down in writing and signed by the Chair of the Employer Side and by the Chair of the Union Side or, in their absence, by another PJNB member on their respective Sides.

20) If either the employer or union consider that there has been a failure to implement the agreement, then that party can request in writing a meeting of the PJNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of the request by the PJNB Secretary. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

6.10 Facilities and Time Off

21) If they are employed by the employer, union members of the PJNB:

• shall be given paid time off by the employer to attend PJNB meetings;

• shall be given paid time off by the employer to attend a two hour pre-meeting of the

Union Side before each PJNB meeting; and

• shall be given paid time off by the employer to hold a day-long meeting to prepare the

claim at Step 1 in the bargaining procedure.

The union members of the PJNB shall schedule such meetings at times which minimise the effect on teaching. In arranging these meetings, the union members of the PJNB shall provide the employer and their line management with as much notice as possible and give details of the purpose of the time off, the intended location of the meeting and the timing and duration of the time off. The employer shall provide adequate heating and lighting for these meetings, and ensure that they are held in private.

22) If they are not employed by the employer, union members of the PJNB or other union officials attending PJNB meetings shall be given sufficient access to the employer’s premises to allow them to attend Union Side pre-meetings, PJNB meetings and meetings of the bargaining unit as specified in paragraph 23.

23) The employer shall agree to the union’s reasonable request to hold meetings with members of the bargaining unit on company premises to discuss the Step 1 claim, the employer’s offer or revisions to either. The request shall be made at least three working days in advance of the proposed meeting. However, the employer is not required to provide such facilities, if the employer does not possess available premises which can be used for meetings on the scale suggested by the union. The employer shall provide adequate heating and lighting for meetings, and ensure that the meeting is held in private. Where such meetings are held in working time, the employer is under no obligation to pay individuals for the time off. Where meetings take place outside normal working hours, they should be arranged at a time which is otherwise convenient for the workers.

24) Where resources permit, the employer shall make available to the Union Side of the PJNB such typing, copying and word-processing facilities as it needs to conduct its business in private.

25) Where resources permit, the employer shall set aside a room for the exclusive use of the Union Side of the PJNB. The room shall possess a secure cabinet and a telephone.

26) In respect of issues which are not otherwise specified in this method, the employer and the union shall have regard to the guidance issued in the ACAS Code of Practice on Time Off for Trade Union Duties and Activities and ensure that there is no unwarranted or unjustified failure to abide by it.

6.11 Disclosure of Information

27) The employer and the union shall have regard to the ACAS Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining Purposes and ensure that there is no unwarranted or unjustified failure to abide by it in relation to the bargaining arrangements specified by this method.

6.12 Revision of the Method

28) The employer or the union may request in writing a meeting of the PJNB to discuss revising any element of this method, including its status as a legally binding contract. A quorate meeting of the PJNB shall be held within ten working days of the receipt of the request by the PJNB Secretary. This meeting shall be held in accordance with the same arrangements for the holding of other PJNB meetings.

6.13 General

29) The employer and the union shall take all reasonable steps to ensure that this method to conduct collective bargaining is applied efficiently and effectively.

30) The definition of a “working day” used in this method is any day other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday.

31) All time limits mentioned in this method may be varied on any occasion, if both the employer and the union agree.