Decision

Method Decision

Updated 21 February 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1281(2022)

21 February 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

METHOD OF COLLECTIVE BARGAINING

The Parties:

United Voices of the World

and

Places for People Leisure Management Ltd

1. Introduction

1) United Voices of the World (the Union) submitted an application to the CAC dated 7 July 2022 that it should be recognised for collective bargaining purposes by Places for people Management Ltd (the Employer) for a bargaining unit comprising “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.” The location of the bargaining unit was given as Latchmere Leisure Centre, Burns Road, SW11 5AD. The application was received by the CAC on 7 July 2022 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 14 July 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 Mr Tariq Sadiq, Panel Chair, and, as Members, Mr Mustafa Faruqi and Mr Steve Gillan. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 19 July 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. On 16 August 2022 the parties agreed that the appropriate bargaining unit in this matter was that originally proposed by the Union: “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.”

4) Paragraph 22(1)-(3) of Schedule A1 to the Act (the Schedule) requires the CAC to issue a declaration that a union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit if it is satisfied that a majority of the workers constituting the bargaining unit are members of the union unless any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. In a decision dated 23 August 2022 the Panel decided that it was satisfied that a majority of the workers constituting the bargaining unit were members of the Union and that none of the conditions in paragraph 22(4) of the Schedule were met. The CAC therefore issued a declaration that the Union was recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.”

2. Issues

5) Paragraph 30 of Schedule A1 to the Act (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.^{[footnote 1]}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.^{[footnote 2]} If no agreement is made in the negotiation period the employer or the union may apply to the CAC for assistance.^{[footnote 3]} 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.^{[footnote 4]} 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.^{[footnote 5]}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.^{[footnote 6]} Any such method is to have effect as if it were contained in a legally enforceable contract made by the parties.^{[footnote 7]}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^{[footnote 8]} (“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

6) In a letter dated 23 August 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 (see paragraph 5 above) would end on 4 October 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.

7) In an email to the Case Manager dated 20 October 2022 the Union asked the CAC for help in reaching an agreement on the method by which the parties could conduct collective bargaining. The email stated “We have not reached agreement and would welcome the services of the CAC to help us. What would be the next steps?” In a letter to the parties dated 24 October 2022 the Case Manager asked whether it would be helpful to hold an informal meeting presided over by the Panel Chair to clarify the outstanding issues and to establish whether the matter could be resolved by conciliation. In emails to the Case Manager dated 31 October 2022 the Employer and the Union expressed a willingness to hold such a meeting.

8) In a letter to the parties dated 31October 2022 the Case Manager informed them that an informal meeting would take place on 21 November 2022 at 10:00am. This meeting had to be postponed on the morning it was due to take place as the Union was unable to attend. The meeting was subsequently rearranged at the Union’s request to 21 December 2022 at 10:00am. In the absence of any further communications from the Union accepting the meeting invitation the Panel Chair requested that the meeting be cancelled and replaced by a formal hearing to determine the issue.

9) A virtual hearing was arranged for 15 February 2023 at 11:00am and this was notified to the parties in a letter from the Case Manager dated 4 January 2023. Both parties were asked to send written submissions to the CAC by noon on 1 February 2023. The letter stated that once submissions had been lodged new evidence would only be admitted for good reasons and at the discretion of the Panel at the hearing. The Employer sent written submissions by this deadline, the Union did not. In a letter to the Union dated 6 February 2023 the Case Manager provided the Union with a copy of the Employer’s submissions and notified the Union that the CAC had still not received any submissions on behalf of the Union. By way of separate e mail on the same day the Case Manager notified the Parties of the new hearing time and that the hearing would proceed in the event that either party failed to attend. On 13 February 2023 having not heard from the Union the Case Manager e mailed the Union at the request of the Panel Chair to explain that, in the absence of submissions by the stipulated deadline, the Panel would proceed to determine the matter at the hearing with or without the Union being present. The Union thereafter sent an e mail to the Case Manager dated 13 February 2023 asking the CAC to adopt the specified statutory method. The Case Manager sought to clarify with the Union on 13 February if they would be attending the hearing but did not receive a response.

10) At approximately 11:05am on the day of the remote hearing on 15 February 2023 the Case Manager received a telephone message from the Union stating that the Union representative Mr Elia had been taken ill and was unable to attend the hearing. The Union stated it would notify the CAC once the representative was back at work. The Panel decided to proceed in the Union representative’s absence for the following reasons: (i) informal meetings had not taken place in November and December 2022 since the Union representative had been unable to attend; (ii) the Union representative had been informed on 6 February and 13 February 2023 that the hearing would go ahead in his absence if he did not attend; (iii) no medical evidence was submitted by the Union in support of the Union representative’s alleged ill health and/or that he was unfit to attend the formal hearing because of his ill health; (iv) the telephone message gave no indication as to when the Union representative would be in a position to attend any re arranged formal hearing and (v) the importance of dealing with this matter to both parties without any further delay.

11) The names of those who attended the hearing are listed as an appendix to this decision.

4. Outline of the parties’ written submissions

12) The Employer stated that it set out a proposed recognition agreement for the Union to comment on in an e mail dated 19 August 2022. ^{[footnote 9]} On 25 August 2022 the Union replied stating a response would be provided by 2 September 2022. The Employer said it then received a further email on 5 September 2022 from the Union stating it did not wish to continue to look to agree terms of recognition and that the Union would be contacting the Central Arbitration Committee. On 8 September 2022, the Employer said that after communicating to the Union an intention to apply a pay increase to those members in the bargaining unit, the Employer received a further email from the Union indicating that the Union would now be happy to look at reaching an agreement. The Employer added that despite this it had not received any further correspondence directly from the Union. The Employer stated that it had at all times sought to co-operate with the Central Arbitration Committee’s attempts to arrange an informal hearing with the Panel Chair and had remained keen to resolve the matter through agreement between the parties. The Employer submitted that in reaching its decision, the Panel should give consideration to the size of the bargaining unit, and the practicalities of setting up a negotiating committee for a Union representing four staff, where it was believed that only two of those staff were Union members. The Employer added that despite significant time spent meeting with the Union and attempting to resolve the issues, the Union’s conduct had frustrated the process.

5. Matters clarified at the hearing

13) The Panel Chair explained that the Union representative had said in his email dated 13 February 2023 that the Union would like to adopt the specified statutory method and asked the Employer whether it would be happy to proceed on this basis. The Employer confirmed that it would be happy to proceed on this basis. The Panel Chair highlighted that there appeared to be three distinct areas for consideration. The first related to the scope/purpose of the agreement. In the draft recognition agreement produced by the Employer the Employer stated that the agreement covered “all the employees engaged as cleaning operatives whose contract of employment requires them to work solely at the Latchmere Leisure Centre.” The Panel Chair stated that the Panel was bound by the terminology used in the declaration of recognition dated 23 August 2022 which stated that the Union was recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.” The Employer agreed and stated that the position as outlined by the Panel Chair was correct and did not take issue with the change.

14) The second matter related to the number of representatives on the JNB. The Panel Chair stated that the Employer’s proposed Agreement referred to one Union representative and two Employer representatives. Under the specified method representation usually comprised of three Employer representatives and three Union representatives. The Panel Chair asked the Employer whether it would agree to two Union representatives and two Employer representatives. The Employer stated that its proposed Agreement was only a draft and the size of the bargaining unit was limited. The Employer agreed to two Union representatives and two Employer representatives, which the Panel decided was reasonable in the circumstances.

15) The third matter was whether any specified method was legally binding as opposed to “binding in honour”, as proposed by the Employer. The Panel Chair clarified that where an Employer and a Union have been unable to agree a method of bargaining between themselves and where the CAC has to impose a method it has effect as if it were a legally binding contract between the Employer and the Union. The Panel Chair said that this was set out within the Schedule preamble.^{[footnote 10]} The Employer agreed and did not challenge this issue.

16) When asked if there were any other aspects of the specified method that the Employer wished to depart from the Employer confirmed that there were not.

6. 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. 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: “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.”

Paragraph 5

The membership of the JMB has been amended and any reference to three Employer representatives and three Union representatives has been replaced by two.

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

A sentence has been added relating to notification of JNB members.

Paragraph 9

“Chair” has been substituted for “Chairman” throughout.

Paragraph 10

As above. In addition “chairing” replaces “chairmanship” in the third sentence

Paragraph 11

“They” replaces “he” in the second sentence

Paragraph 16

“Chair” replaces “Chairman” throughout.

Paragraph 19

As above.

Paragraph 21

A sentence has been added relating to the provision by the Employer of a meeting room for the Union representatives to meet at the Employer’s premises at Latchmere Leisure Centre.

7. Implications of the Specified Method

19) 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.

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

21) 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.

22) 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.

8. Decision

23) The decision of the Panel is that the method detailed in Appendix 1 to this decision is specified as the method by which the parties are to conduct collective bargaining.

Panel

Mr Tariq Sadiq, Panel Chair

Mr Mustafa Faruqi

Mr Steve Gillan

21 February 2023

9. Appendix 1

THE SPECIFIED METHOD

9.1 The Parties

1) The method shall apply to Places for People Leisure Management Limited and United Voices of the World, who are referred to here as the “Employer” and the “Union”.

9.2 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, namely “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.”

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.

9.3 The Joint Negotiating Body

4) The Employer and the Union shall establish a Joint Negotiating Body (JNB) 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.

9.4 JNB Membership

5) The membership of the JNB shall usually comprise two Employer representatives (who together shall constitute the Employer Side of the JNB) and two Union representatives (who together shall constitute the Union Side of the JNB). Both parties will notify each other in writing via email of the names and job titles of their members as soon as is reasonably practicable after they are identified or elected.

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. Unless it would be unreasonable to do so, the Employer shall select as a representative the most senior person responsible for employment relations in the bargaining unit.

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

9.5 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 JNB’s first meeting, meetings of the JNB shall be chaired by the Chair of the Employer Side. The Chair of the Union Side shall chair the JNB’s meetings for the following twelve months. The chairing of JNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair JNB meetings, a JNB 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 JNB. They shall circulate documentation and agendas in advance of JNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of JNB 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 his performance of these tasks.

9.6 JNB Organisation

12) Draft agendas shall be circulated at least three working days in advance of JNB meetings. The draft record of JNB meetings shall be circulated within ten working days of the holding of meetings for approval at the next JNB 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 JNB’s Secretary, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the JNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

9.7 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 JNB 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. In cases where there is no established annual date when the Employer reviews the pay, hours and holidays of all the workers in the bargaining unit, the Union shall submit its first claim within three months of this method being imposed (and by the same date in subsequent rounds). Where such a common review date is established, the Union shall submit its first claim at least a month in advance of that date (and by the same date in subsequent rounds). In either case, the Employer and the Union may agree a different date by which the claim should be submitted each year. 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 JNB 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 JNB 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 his response, the Employer shall set out in this written communication all relevant information in his 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 that he is under the general duty imposed on him 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 JNB 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 JNB 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 JNB 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 JNB 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 JNB. 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 JNB 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 he has first discussed his proposals with the union. Such proposals shall normally be made by the Employer in the context of his consideration of the union’s claim at Steps 3 or 4. If, however, the Employer has not tabled his proposals during that process and he wishes to make proposals before the next bargaining round commences, he must write to the Union setting out his 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 JNB 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.

9.8 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 JNB 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 JNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of the request by the JNB 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.

9.9 Facilities and Time Off

21) If they are employed by the Employer, Union members of the JNB:

• shall be given paid time off by the Employer to attend JNB meetings;

• shall be given paid time off by the Employer to attend a two hour pre-meeting of the Union Side before each JNB 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 JNB shall schedule such meetings at times which minimise the effect on production and services. In arranging these meetings, the Union members of the JNB 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 a meeting room for these meetings at the Employer’s premises at Latchmere Leisure Centre. 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 JNB or other Union officials attending JNB meetings shall be given sufficient access to the Employer’s premises to allow them to attend Union Side pre-meetings, JNB 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 JNB 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 JNB. 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.

9.10 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.

9.11 Revision of the Method

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

9.12 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.

10. Appendix 2

RECOGNITION AGREEMENT

1) Parties to the Agreement

This Agreement is between Places Leisure Management Limited, referred to in this agreement as Places Leisure, the Company or the employer and United Voices of the World Trade Union, referred to in this agreement as the Union or UVWT.

2) Start date

2.1 This Agreement will begin on (insert date).

3) Scope/Purpose of the Agreement

3.1 This Agreement covers all the employees engaged as cleaning operatives whose contract of employment requires them to work solely at the Latchmere Leisure Centre.

3.2 This Agreement provides the Union with recognition in respect of collective bargaining covering pay, hours and holidays only.

3.3 The employer will not grant the right to negotiate in relation to pay, hours and holidays to any other union in respect of the workers covered by this Agreement for any period of time that UVWT is the recognised union for these workers.

4) Objectives

4.1 Industrial relations are a joint responsibility of the parties and require the meaningful participation of all concerned.

4.2 The parties have a common objective in using the process of negotiation, consultation and information sharing to achieve results that are beneficial to the Company, clients and its Employees for pay, hours and holidays.

4.3 The parties will act in a respectful, honest and trustworthy way with each other.

5) The parties may exchange information of a confidential nature subject to their respective legal obligations. The parties agree to respect the confidentiality of any such information provided. The parties will specify if it is proposed to disclose confidential information. It is recognized that it is important for the parties to have a clear record of when information is disclosed on a confidential basis. Confidential information will not therefore be disclosed until it is agreed in writing by both parties that 2 this is the basis upon which the confidential information will be shared.

6) The Joint Negotiating Body and union representation

6.1 The Company and the Union will establish a Joint Negotiating Body (JNB) to discuss and negotiate the pay, hours and holidays of the employees.

6.2 The Union members who are covered by this Agreement will elect one Shop Steward in accordance with the rules of the Union.

7) JNB Membership

7.1 The membership of the JNB shall comprise two Company representatives (who together shall constitute the Company Side of the JNB) and one Union representatives plus one full time Union official (who together shall constitute the Union Side of the JNB). Both parties will notify each other in writing, via email, of the names and job titles of their members as soon as they are identified or elected.

7.2 The Company will select those individuals who will be the members for the Company Side. The individuals must either be those who take the final decisions within the Company in respect of the pay, hours and holidays of the Employees or who are expressly authorised by the Company to make recommendations directly to those who take such final decisions.

7.3 The Union will select those individuals who will be the members for the Union Side in accordance with its own rules and procedures. The representatives must either be an individual employed by the Company who is a Shop Steward or an individual 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”).

7.4 The JNB shall determine their own rules in respect of the attendance at JNB meetings of substitutes who deputise for JNB members.

8) Officers

8.1 The Company Side will select one of its members to act as its Chairman and one to act as its Secretary. The Union Side will select one of its members to act as its Chairman and one to act as its Secretary. The same person may perform the roles of Chairman and Secretary of a Side.

8.2 For the twelve months from the date of the JNB’s first meeting, meetings of the JNB shall be chaired by the Chairman of the Company Side. The Chairman of the Union Side shall chair the JNB’s meetings for the following twelve months. The chairmanship of JNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair JNB meetings, a JNB meeting shall be chaired by another member of that person’s Side. The Secretary of the Company Side will act as Secretary to the JNB. They will circulate documentation and agendas in advance of JNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of JNB meetings. The Secretary of the Company Side will work closely with the Secretary of the Union Side in the discharge of these duties, disclosing full information about his or her performance of these tasks.

9) JNB Organisation

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

9.2 Subject to the timetable of meetings stipulated in paragraphs 9.2, 9.6, 10.2 and 13.1 below, the date, timing and location of meetings will be arranged by the JNB’s Secretary, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the JNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

10) Bargaining Procedure

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

10.2 The JNB will conduct these negotiations for each bargaining round according to the following staged procedure. In the first year of recognition beginning in 2022 the parties will as an exception enter into pay negotiations under the procedure set out below but the date in Step 1 will be agreed between the parties as September 2022 and will include any information provided by the Union to the Company prior to that date. The pay review for 2023 will follow the process set out below.

Step 1 - The Union will set out in writing, and send to the Company, its proposals (the “claim”) to vary the pay, hours and holidays, specifying which aspects it wants to change. In its claim, the Union will set out the reasons for its proposals, together with the main supporting evidence at its disposal at the time. The Union will submit its first claim at least two months in advance of April (and by the same date in subsequent rounds). The Company and the Union may agree a different date by which the claim should be submitted each year. If the Union fails to submit its claim by this date, then the procedure will 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 Company Side’s receipt of the union’s letter, a quorate meeting of the JNB 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 Company will either accept the claim in full or write to the Union responding to its claim. If the Company Side requests it, a quorate meeting of the JNB will be held within the fifteen day period to enable the Company to present this written response directly to the Union Side. In explaining the basis of its response, the Company will set out in this written communication all relevant information in its possession. In particular, the written communication will contain information costing each element of the claim and describing the business consequences, particularly any staffing implications, unless the Company is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act for example because the information has been communicated to the Company in confidence or it would involve an amount of work or expenditure that is out of reasonable proportion to the value of the information in the conduct of the collective bargaining. The basis of these estimated costs and effects, including the main assumptions that the Company has used, shall be set out in the communication. In determining what information is disclosed as relevant, the Company shall be under no greater obligation that it is under the general duty imposed on it 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 will provide information estimating the costs and staffing consequences of implementing each element of the counter proposals, unless the Company 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 Company’s written communication, a further quorate meeting of the JNB shall be held to discuss the Company’s response. At this meeting, the Company 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 JNB shall be held within ten working days. The Union may bring to this meeting a maximum of one other individual employed by the Union who is an official within the meaning of the sections 1 and 119 of the 1992 Act. The Company may bring to the meeting a maximum of one other individual who is an employee or officials of the Company’s organisation to which the Company belongs. These additional persons shall be allowed to contribute to the meeting, as if they were JNB 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 Company 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. The parties will commit to a consultation with ACAS for a minimum of one month. The parties agree that once steps 1 to 6 have been completed that if the parties have not agreed it will be accepted that there is an impasse between the parties and that the negotiations have been completed.

10.3 The parties agree that only after the exhaustion of the procedures referred to in steps 1- 6 may the Union ballot for industrial action.

10.4 The Union agrees that it is committed to exhausting the procedures set out above before authorising or endorsing any industrial action and will not take industrial action unless it has fully complied with its balloting and notification requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The Company is committed to exhausting the procedures set out above before making any contractual changes in relation to hours, pay or holidays.

10.5 The parties shall set aside half a working day for each JNB meeting unless the Company Side Chairman and the Union Side Chairman 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 JNB. 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 Company Side requests it, a meeting of the JNB shall be held before the Union has submitted its claim or before the Company is required to respond, enabling the Company Side to explain the business context within which the Company shall assess the claim.

10.6 The Company will not change the contractual terms affecting the pay, hours or holidays of workers in the bargaining unit, unless it has first discussed its proposals with the Union. Such proposals will normally be made by the Company in the context of its consideration of the Union’s claim at Steps 3 or 4. If, however, the Company has not tabled its proposals during that process and it wishes to make proposals before the next bargaining round commences, it must write to the Union setting out its 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 Company 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 JNB 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.

10.7 Paragraph 10.6 does not apply to terms in the contract of an individual employee where that employee has agreed that the terms may be altered only by direct negotiation between the worker and the Company.

11) Collective Agreements

11.1 Any agreements affecting the pay, hours and holidays of the Employees, which the Company and the Union enter following negotiations, shall be set down in writing and signed by the Chairman of the Company Side and by the Chairman of the Union Side or, in their absence, by another JNB member on their respective Sides.

11.2 If either the Company or Union consider that there has been a failure to implement the agreement, then that party can request in writing a meeting of the JNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of 7 the request by the JNB 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.

12) Facilities and Time Off

12.1 If they are employed by the Company, Union members of the JNB:

• will be given paid time off by the Company to attend JNB meetings;

• will be given paid time off by the Company to attend a two hour pre-meeting of the Union Side before each JNB meeting; and

• will be given paid time off by the Company to hold a two hour meeting to prepare the claim at Step 1 in the bargaining procedure.

12.2 The Union members of the JNB will schedule such meetings at times which minimise the effect on the business operations of the employer. In arranging these meetings, the Union members of the JNB shall provide the employer and their line management at least seven days’ notice 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 will provide a meeting room for the Union member and employee Shop Steward of the JNB to meet at the employers premises at Latchmere.

12.3 The Company will agree to the Union’s reasonable request to hold meetings with members of the bargaining unit to discuss the Step 1 claim, the employer’s offer or revisions to either. However, such meetings must take place outside normal working hours and should be arranged at a time which is otherwise convenient for the employees. The Company will provide a meeting room for the purposes of these meetings if there is a meeting room at the relevant site where the meeting is to be held. The Union will provide the Company with seven days’ notice of the requirement for a meeting room and the Company will use its best endeavours to provide a meeting room.

12.4 The Company and the Union will have regard to and comply with 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.

12.5 The right to time off does not extend to activities which itself consists of industrial action, whether or not in preparation for or action of an industrial dispute. Time off will not be granted where the activity consists of arranging or participating in industrial action. Paid time off will be permitted for the Union representative employed by the Company for the purposes of negotiation and consultation with the Company as set out in this agreement and for the purposes of discussions aimed at avoiding industrial action. This includes reasonable paid time off to consult with the full time Union representative, the Company and the workers in the bargaining unit with a view to avoiding industrial action related to the negotiations on pay, hours and holidays covered by this agreement. In arranging these meetings, the employed Union representative shall provide the employer and their line manager with reasonable notice of the intended timing and duration of the time off for meetings with each other and the workers in the bargaining unit. The time off must be reasonable and must be agreed with the Company and taken to reflect the needs of the business.

12.6 Where an accredited Union representative has been permitted by the Company to take time off during working hours for relevant duties, or for time off spent in meetings with the Company they will be paid as if they had worked in their normal job for the duration of the meeting. No payment will be made where the duty is carried out at a time when the Representative or Deputy would not otherwise be at work.

12.7 The employed Union Representative will be allowed reasonable paid time off to undertake the following duties:

• Negotiations on pay, terms and conditions as referred to above.

• Consultation in relation to Collective Redundancies and transfers under the Transfer of Undertakings (Protection of Employment) Regulations.

• Accompanying Union members to disciplinary or grievance meetings.

• Accompanying Union members to meetings with managers to discuss flexible working requests.

12.8 All applications for time off must be made to the JNB Chairperson or another member of the Company Side of the JNB before the training time is booked or taken.

12.9 The Union agrees to inform the Company of the names of all elected Union Representatives in writing within 5 working day of their election and to inform the Company in a similar manner of any subsequent changes.

13) Disclosure of Information

13.1 The Company and the Union will have regard to the ACAS Code of Practice https://www.acas.org.uk/acas-code-of-practice-on-disclosure- of-information-to-trade-unions-for-collective-bargaining/html on the Disclosure of Information to Trade Unions for Collective 9 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.

14) Revision of the Agreement

14.1 The Company or the Union may request in writing a meeting of the JNB to discuss revising any element of this Agreement. A quorate meeting of the JNB shall be held within ten working days of the receipt of the request by the JNB Secretary. This meeting will be held in accordance with the same arrangements for the holding of other JNB meetings.

15) General

15.1 The Company and the Union will take all reasonable steps to ensure that this method to conduct collective bargaining is applied efficiently and effectively.

15.2 The definition of a “working day” used in this method is any day other than, Christmas Day or Good Friday.

15.3 All time limits mentioned in this Agreement may be varied on any occasion if both the Company and the union agree.

15.4 This agreement is binding in honour and does not constitute a legally binding agreement.

16) Signatories

The parties to this agreement are set out below:

Places Leisure Management Limited

Name:

Signature:

Date:

United Voices of the World Union

Name:

Signature:

Date

11. Appendix 3

Names of those who attended the hearing:

For the Employer:

Stuart Lowery

Laura Lane

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1. Paragraph 30(1), (2). ↩

2. Paragraph 30(4),(5). ↩

3. Paragraph 30(3). ↩

4. Paragraph 31(1),(2). ↩

5. Paragraph 31(8). ↩

6. Paragraph 31(3). ↩

7. If the parties agree in writing (a) that paragraph 31(4) shall not apply or shall not apply to particular parts of the method specified by the CAC, or (b) to vary or replace the method specified by the CAC, the written agreement has effect as a legally enforceable contract made by the parties: paragraph 31(5). ↩

8. SI 2000/1300 ↩

9. A copy of the proposed agreement can be found at Appendix 2 to this decision. ↩

10. Statutory Instruments 2000 No. 1300 Terms and Conditions of Employment. The Trade Union Recognition (Method of Collective Bargaining) Order 2000. ↩