Collective disputes procedure

Procedure overview

We believe that all our employees should have fair treatment and respect. 

There may be occasions where groups of employees are unhappy with matters concerning their employment. 

This policy supports the resolution of issues in a timely and open manner. 

The parties to this procedure are Lincolnshire County Council and our recognised trade unions.

Principles

This procedure aims to:

  • define what a collective dispute is
  • give managers and employees a straightforward process to follow 
  • resolve collective disputes and achieve a mutual solution
  • ensure that managers are aware of and have support to resolve issues as soon as possible 
  • ensure that all parties have the opportunity to state their case

Status Quo

Once a dispute is registered at stage 2, the 'Status Quo' applies to employees involved.

This means that there will be no:

  • changes to pay
  • conditions of service
  • working practices 

There will be no industrial action. This includes strike action or action short of a strike.  

These requirements will remain until a resolution of the dispute occurs, or the procedure is exhausted.

What does Status Quo mean?

Status quo means we should not be changing pay, conditions of service, or deviating from the path that is already in place.
 
This does not mean stop – it is not the same as a standstill period.
 
All parties must work collectively to attend meetings as a matter of priority. Therefore, it would be expected that the whole process will be exhausted within a maximum of six weeks from submission of stage one.
 
Where it is perceived there is an unreasonable delay from the management or trade union side, the appropriate assistant director or trade union representative can request in writing that the ‘status quo’ provision is either extended or lifted respectively. 
 
The assistant director – Human Resources and Organisational Support (or nominated deputy in their absence) will be responsible for considering such requests. 

What is a collective dispute?

A collective dispute is a matter concerning several employees who have raised their concerns in writing (including email) to their trade union. One or more representatives of a recognised trade union will pursue the issue on their behalf, but will be required to share the individuals’ correspondence highlighting the concerns.

If an employee wishes to raise a grievance, they should use the grievance policy and procedure.  

Employees cannot raise a grievance on the same issue if they are party to the collective disputes procedure.

This procedure is not for collective negotiation.

The raising of new issues is not to occur during the dispute process unless the Joint Secretaries deem it necessary.

In all collective disputes, employees must state the ideal solution. If at the outset this hasn't been made known, it must happen before we can deal with the dispute.

This procedure intends to resolve disputes as quickly as possible. We want to resolve a dispute within one month. This is from the date it is agreed by the Joint Secretaries to be a formal collective dispute. 

It is expected that both parties will work progressively to achieve this.

The procedure incorporates time limits for both stages.

Either party can seek advice from the Advisory Conciliation and Arbitration Service (ACAS) at any stage of the procedure. 

If both parties are in agreement this role can be extended to:

  • mediation
  • conciliation
  • arbitration

The procedure

Throughout this procedure, 'working days' are Monday to Friday. This excludes bank holidays and statutory holiday.

Stage one – informal resolution

We encourage the dealing of collective disputes informally. 

This enables the resolution of the majority of cases at a local level. This means at a team or service area level.  

A trade union representative will send a letter to the Head of Service providing full details of: 

  • the dispute 
  • the staff involved
  • any supporting evidence 
  • the resolution sought

Download and submit the informal resolution stage 1 form (appendix 1).

There will be advice and involvement of HR. Where resolution is not achievable at a local level, a collective dispute may be submitted.

Stage two – collective dispute procedure

A trade union representative will send a letter to the Joint Secretaries to register a dispute. The Joint Secretaries are the head of HR and the Employee Side Secretary. 

A trade union representative will need to outline one, or more, of the following grounds for appeal:  
  • there was a defect in procedure applied 
  • not all relevant evidence has been considered  
  • new evidence has come to light since the decision at the informal resolution stage   
A trade union representative will need to provide the rationale or evidence in respect of this and circulate using the dispute form.  
 
 

The trade union representative must send it within five working days of the informal stage finishing. 

It may be appropriate at this stage for the relevant parties to meet (such as the Joint Secretaries or their nominated substitutes). This will be to agree to the nature of the dispute and obtain further details.  

The Joint Secretaries have the right to challenge. Only if they feel it is not a genuine collective dispute. If this is necessary, the conflict would be referred back to the service area for resolution at a local level.

The Joint Secretaries will arrange a collective dispute meeting with the Trade Unions and management. 

This will be within ten working days of the request being received to attempt to resolve the matter. 

Employees must submit any papers should five working days before the meeting. They should not raise any new issues after this point.

An independent panel will lead proceedings. This panel will include: 

  • an assistant director (chairperson) 
  • two senior supporting managers (head of service or above) 
  • and an HR representative 

The Joint Secretaries will agree to the panel. They will make every effort will to achieve a prompt resolution at this stage. 

The result of the collective disputes matter will be notified by convening a meeting to feedback the outcome. We will confirm this in writing to both parties within five days of this meeting.

They will make every effort to achieve a prompt resolution. Resolution may include referring the matter for binding arbitration. 

By mutual agreement, the parties may revert to earlier stages of this procedure. This will occur if that assists resolution.

The procedure shall be deemed to be at an end once:

  • a resolution has been reached
  • binding arbitration has been implemented
  • or, the panel comes to a judgement and determines the outcome

There are no further rights of internal consideration of collective disputes.