26th March 2009
IPA Training and Development director, Derek Luckhurst, asks why trade unions have not made the most of the Information and Consultation Regulations, and shows what they have to gain
The Information & Consultation Regulations (I&C) are four years old this April. The anniversary has prompted a great deal of analysis about the impact of the legislation and the overall effectiveness of the forums that have been set up. The vast majority of these are Pre-Existing Agreements, set up after a flurry of HR-driven activity from the middle of 2002 up until (and to some extent beyond) April 2005. Oddly, from the IPA’s viewpoint, one interested party has been largely absent from the Information & Consultation narrative; trade unions. The UK trade union movement might have been expected to make this piece of legislation the foundation of their strategy for greater influence in UK industrial relations. But why haven’t they, and is now the time to do so?
Quite why the unions have not embraced I&C with enthusiasm, in direct contrast to many other European countries, is open to debate. The most common conclusion is that ideological opposition is the root cause, but this does not stand up to scrutiny. Although anecdotal evidence does reveal some ideological objections, the primary reason for the unions’ lack of engagement would seem to be that the Regulations are simply not on the “union radar”. This is quite understandable given some of the urgent challenges that the unions have had to face over the last few years. Where the legislation has been on the “radar”, these same challenges have prevented many from giving it a sufficient level of priority to incorporate in a longer term strategy.
In many areas, a lack of capacity among union officers has prevented unions from establishing a coherent and consistent strategy for dealing with I&C forums as they are being set up. This has meant that, even when organisations that already recognise trade unions have chosen to set up I&C forums, it has not guaranteed trade union involvement. Outright hostility to these forums from the trade unions is quite rare but ambivalence is not.
As we reach the end of the 3 year process of embedding I&C in UK law, and people start to question how effective legislation has been in creating effective employee voice, it is perhaps a good time to look at how all workplace actors can be involved in ensuring the I&C regulations live up to their potential as a tool to create fairer workplaces.
Why should a trade union get involved in I&C forums? Caroline Fife, Unison Regional Officer for the South-East states;
“Unions should be involved in I&C forums as it enables employers to consult with unions in an open and transparent way. It builds confidence amongst the staff as they can see the employer is consulting with the unions whose role is to represent staff. This allows the staff to learn more about the way unions operate and will build a more effective forum as staff will learn that unions ask the strategic questions. This means the staff and unions work in partnership to clarify all points when any changes are being implemented. This is also beneficial for management to ensure they have considered all aspect before implementing any changes.”
This view matches the general experience of the IPA. In addition to this, the IPA has received more anecdotal evidence that, where trade union representatives become “constituency” I&C representatives, staff who would never have previously engaged with a trade union representative, find out that they have the skills and experience to represent them effectively. This has directly led to some people joining the union that would never have thought of doing so before. This is particularly interesting as it suggests that unions should not concern themselves too much about how many designated seats they have on any I&C forum. In fact, it seems that the more constituency seats the union populates, so much the better for them.
What benefits do trade unions bring to organisations when they get involved in their I&C forums? As Caroline Fife points out;
“Representatives will be trained and supported. Union organisers will be able to share best practice on structures and processes based on their experiences across a range of employers. They will be able to assist organising staff councils based upon their experience of organising and supporting trade union staff sides. They are able to support and advise staff council representatives who have previously not had access to advice. This will produce a more effective forum. The benefits a of trade union input have been raised by management who have openly commented on the benefits trade union input has brought.”
This, again, supports the IPA’s observations. In several organisations, the trade union representatives have become effective role models for the other less experienced I&C representatives. This hands-on support can range from helping staff representatives concentrate more on strategic issues rather than the classic “tea and toilets”, to helping them with more structural concerns around agenda items, minutes, pre-meetings and meeting etiquette. Perhaps it is easy to forget how daunting a consultation meeting can be if a representative has no experience of engaging with senior managers. Sometimes these meetings will only take place once every three months, and so it takes a long time for representatives to build up the experience and confidence to become effective. Trade union representatives can, and do, help these inexperienced representatives “fast-track” their effectiveness by offering support and guidance.
Examples of effective joint forums are few and far between. Prudential is, arguably, the best current example with its sophisticated relationship between the union and I&C representatives which is founded in mutual respect. Other examples such as those found in South East Water, Aviva, Tesco, Southern Water and Eurotunnel typify and illustrate the added value that trade union representatives have brought to these forums. In these examples, trade union representatives have adapted to the specific challenges that consultation has put in front of them.
The first adaptation trade union representatives often have to make is to remain effective in a consultation rather than negotiating environment. This has led directly to union representatives developing a greater emphasis on building the business case for their contributions and understanding the business rationale of the proposals they are presented with. Union representatives have helped their inexperienced counterparts “get inside the minds of senior managers”.
Perhaps the biggest change for trade union representatives has been the need to consider consultative behaviours as a much higher priority than they would normally have to consider when negotiating. This is not to perpetrate the myth that all negotiating behaviours are bad, but there is little doubt that trade union representatives have identified that some traditional negotiating behaviours, or “tricks of the trade”, have led to disengagement from some managers and other representatives at consultation meetings. Some union representatives have talked about changes in their own behaviour ranging from fundamentals like letting people finish their point before responding, to asking questions about organisational strategy rather than moving straight into the detail of the subject. Although it may demand change, from minor tweaks to comprehensive changes to ensure trade union skills are supported by positive behaviours, the value of access to I&C forums has been considerable.
Yet, it is still a minority sport for trade unions. So far, very few have seen the potential value in becoming role models to non-union representatives, learning new skills and behaviours, achieving greater influence in the workplace, growing their membership and, perhaps, above all becoming a critical part of a credible employee voice. Unison in the South-East region have been working with the IPA to try and get this message across and, so far, the IPA training in best practice has been very well received. It is time for other unions to take this opportunity to become a central part and driving force into where I&C goes next.
Derek LuckhurstIPA Training and Development Director
