Employee Relations and Grievances

Employee Relations and Grievances

Maintaining positive employee relations is vitally important to the smooth running of, and the ability to achieve successful outcomes within, all education establishments. 'Employee relations' defines the employee-employer relationship and can be just as much about the informal climate in the workplace as formal consultation mechanisms through representative groups and unions.

Working with a range of unions is an everyday reality in the education sector where their purpose is partly industrial (protecting the rights and living standards of their members) and partly political (as a consultation partner of the government over education policy, as campaigners and lobbyists).

Employee relations is also about the employment relationship with individuals, however. Where problems at work are not dealt with quickly and effectively they will often result in grievances being raised or staff reporting concerns about the suspected wrongdoing of others (whistleblowing).

What's in this topic collection:

This topic collection contains guidance, information and resources on various aspects of managing employee relations, including union recognition and collective bargaining, industrial action, employee grievances and whistleblowing. It also covers the legal requirement to report annually on trade union facility time which applies to most publicly-funded education establishments that employ more than 49 FTE employees.

Forthcoming legislative Changes: Check off arrangements in the public sector May 2024 

The provisions of the Trade Union Act 2016 are expected to come into force on May 9 2024 following implementation of the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2023.

 

What is 'check off' and who is in scope of the regulations?

“Check-off” is a system used by employers across a number of sectors whereby trade union membership payments are deducted from union members' salaries at source by their employers, and then transferred to unions. 

There is no statutory obligation for an employer to provide this service, but it is used by many public sector employers.

The regulations cover 'relevant public sector employers - these include:

  • the governing body of a foundation school, voluntary aided school or foundation special school
  • the proprietor of an Academy school
How do the new rules differ from existing practice?

New legislation coming into force on 9 May 2024 will mean that “Relevant public sector employers” will not be able to operate check-off unless:

  • trade unions provide employees with alternative means of paying their subscription e.g. by direct debit; and
  • arrangements have been made for the union to make “reasonable payments” for the cost of making the deductions

The aim of the regulations is to allow employers to request a payment from the Union equivalent to the total cost to public funds paid by the employer to make deductions from pay on their behalf.

The statutory provisions do not specify charges in the sense that there is no minimum or maximum level of fees an employer can request from the Union.

An employer will be required to cease making deductions if agreement on reasonable payments cannot be reached with the Union.

What do the changes mean for schools?
We anticipate that many employers and local authorities will have entered discussions about these proposed changes with their trade unions some time ago following the introduction of the Trade Union Act 2016, with a view to seeing if check off arrangements can continue after the restrictions come into force.
Schools wishing to continue to operate 'check off' should ensure that the union is offering employees an alternative means of paying their union subscription.
Schools should next consider relevant government guidance when determining it they are satisfied that the total amount of the payment is substantially equivalent to the total cost to public funds of operating check-off (Factors used to determine the cost of administering the payment detailed in the guidance include costs associated with payroll contracts, processing consents, administration and answering queries)
If there is no cost to the employer for administering check off, then the union should not be charged.

 


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