Collective dispute procedure - Formal resolution

If informal resolution is not successful, the dispute moves into the formal procedure. This stage provides a structured approach to resolving the issue, starting with Stage 1 and progressing to Stage 2 if necessary.

Stage 1

The trade union writes to the Council stating:

• the subject of the dispute
• the scope of the matter
• the remedy proposed

The Assistant Director of HR and OD acknowledges receipt within 7 calendar days.

Following receipt of notification, a Stage One meeting should take place as soon as practical. Within 5 working days, the parties will agree dates for at least 2 meetings (normally within the following 10 working days).

Meetings

Attendees include:

• trade union representatives (and regional officer if requested)
• senior managers close to the issue
• HR representatives as required

The focus is on reaching a settlement and making recommendations to prevent similar disputes.

Further meetings may be arranged if agreed by both parties.

If the issue is resolved, the procedure ends.

Stage 2

If agreement cannot be reached, either party can request that the matter be referred to Stage Two.

The Assistant Director of HR and OD acknowledges receipt within 7 calendar days. They will convene a Collective Dispute Appeal Panel to consider the matter with the aim of reaching a mutually acceptable resolution.

The panel

The Collective Dispute Appeal Panel will include:

• 2 Assistant Directors (or nominees not previously involved)
• a member of the Corporate Management Team

Trade union representation includes full-time representatives and regional officers.

Hearing

The Collective Dispute Hearing will take place as soon as reasonably practicable.

Full account will be taken of information put forward by both sides in support of their respective views and proposals on the issue(s) in question. If appropriate, written statements may be requested and exchanged prior to the meeting.

Decision

The decision of the Collective Dispute Appeal Panel is the final internal stage of the procedure.

Details of any agreement reached, or a summary of the position of the respective parties (as given by either side), together with the Panel’s decision and recommendations, will be formally recorded and issued to both parties within 10 calendar days.

Timescales may be adjusted, by joint agreement, to ensure full consideration is given to the matter.

External stage

If the dispute remains unresolved after the internal process, the parties may agree to jointly refer the matter to ACAS.

Agreed settlement

Management and trade union representatives will ensure that any settlement terms agreed at any stage are implemented.