Most of the content on this intranet is made up of ex county council information due to the county intranet being turned off. Please read the blog to find out more about how we have developed this new intranet and where you can go to find information that relates to you.
Collective dispute procedure
Cumberland Council aims to ensure fair treatment for all employees through its policies and procedures. However, in a large and complex organisation, collective disputes may arise. This procedure provides a clear process for recognised trade unions and the Council to resolve such disputes fairly and promptly.
Our commitment is to resolve disputes:
- at the earliest opportunity
- as close to the point of origin as possible
- through open discussion and negotiation in the best interests of all parties
Purpose of this procedure
This procedure aims to:
- define what a collective dispute is
- provide a clear process to resolve disputes promptly and achieve a mutually acceptable solution
- ensure all parties understand their responsibilities
- give all parties the opportunity to state their case
- clarify roles and responsibilities throughout the process
Both the Council and recognised trade unions are expected to act reasonably and seek input from each other before deciding on any action.
Download document:
Trade Union Recognition and Facilities Agreement (DOC 2MB)
Definition of a collective dispute
A collective dispute is a dispute notified by a recognised trade union in accordance with this procedure. At the outset, the trade union must clearly state the remedy being sought.
Scope
This procedure applies to all recognised trade unions of Cumberland Council, including school-based unions.
It does not cover:
- individual grievances
- grading of posts
- non-confirmation of employment during probationary periods
- bullying or harassment (see Grievance, bullying and harassment)
- whistleblowing concerns (see Confidential Reporting (Whistleblowing) Policy)
Representation
Employees are entitled to representation at all stages of the procedure by a recognised trade union representative.
Exclusions
This procedure does not apply where another employment procedure or appeal mechanism is already in place. It cannot be used to expedite:
- matters covered by national negotiations (for example national pay or terms and conditions)
- changes required by legislation
Status quo
The working arrangements in place before the dispute should remain until the dispute is resolved or all stages of this procedure are completed.
In exceptional cases where maintaining the status quo would cause significant service delivery problems or adverse impact, the Assistant Director of HR and OD may agree, with both parties, to move directly to Stage 2.
Application in schools
Where adopted by a school:
- line manager refers to the Head Teacher
- Stage 2 will be convened by the Director of Children and Family Wellbeing and include two appropriate officers and a representative from the school’s Board of Governors