Hints and tips on structures, constitutions, rules and boundaries

Introduction and Background
There are an ever increasing number of Employee Forums/Works Councils being set up across the private, public and not for profit sectors. These usually run alongside collective bargaining frameworks, negotiated with recognised trade unions, or operate in the absence of such agreements. Where union representation is not present, or only limited numbers of staff are represented by unions the forums play a pivotal role in situations where workforce consolation is required by law. When set up correct Employee Forums cam also make a valuable contribution to ongoing business development and operational success.

This briefing note sets out typical good practice working arrangements for Employee Forums, which are normally documented within an agreed constitution or rule book. For the sake of clarity, the terms used in this briefing are Forums, Constitutions and Constituents, the latter being the designation used by ACAS in their Code of Practice to describe those taking on the representational role. The arrangements described below therefore reflect good practice as we have encountered in our work across all sectors and the ACAS Code. Obviously, what is described here is a generic framework which our clients often use as a basis for creating arrangements reflecting their own working culture
and specialist interests. Our training courses capture all the matters outlined below as well as the key personal skills and technical knowledge representatives would normally need to when taking on the Forum role.

Overarching Scope of an Employee Forum Constitution
There are 4 typical structures that underpin employee representation schemes.

Model One – Trade Union/Collective Bargaining
Employee reps: Determine rate of pay being soughtand/or Respond to employers offer Negotiate other changes to terms and conditions of employment Act as first reference points in collective redundancy situations

Model Two – General Employee Rep Scheme
Employee reps: Receive management proposals on policies or procedures Seek feedback from members Report back to a joint forum of management and staff Proactively seek out other ideas and issues from members on wide range of workplace issues of concern/interest to staff And feedback to a joint forum

Model Three – Specialist Forums or Working Parties
Some have statutory remit such as Health and Safety Some have policy oversight on a given issue eg Equality and Diversity Some have limited shelf life concerned with raising visibility and implementation of a given issue. Prevailing topics include Mental Health/Well Being or Menopause policy Employee reps perform similar two way feedback role as per Models 1 and 2

Model Four – Advocacy Model
This often runs alongside either Model One or Model Two or might even be separate Employee reps act as first port of call for staff involved in either disciplinary or grievance issues Employee reps are essentially listeners who often signpost people to procedures and options Employee reps don’t act as sleuths but can represent/accompany an employee to a disciplinary or grievance meeting and/or appeal.

Clear boundary protocols operate with all four models. There is sometimes overlap between Mode1
and Model 4. There is sometimes overlap between Model 2 and 4. Sometimes employee reps in Model 3 (specialist) will have ‘seat’ on Model I and 2 acting in liaison or link up capacity

Key Elements of Constitutions
There are at least 15 headings normally made clear in any written constitution. These include:-

• Links to Values and Commitments
  Your Mission & Vision workplace culture will probably signal that you value the views of all members of the workforce. Forums should aim to foster a positive working environment where people feel their contribution is welcomed and that they are treated fairly and consistently. And with a culture of openness, honesty, mutual support and learning, committed to providing staff with opportunities to contribute to the ongoing development of the workplace.
• Management responsibilities
  It is usually made clear that the management commits to consultation and/or negotiate in good time in an appropriate manner, listening to contributions and explaining final decisions. There are clear definitions of the differences between consultation and negotiation. Managers ultimately remain responsible for making final decisions and forums are not intended to bypass normal line management reporting channels.
• Objectives of the Forum
  Forums have the overarching task of helping to enable the free flow of open and honest communication both upwards and downwards, ensuring that employees have a clear understanding of relevant objectives and policies and actively encouraging commitment to them. These are often set out across three main points.
  1. To provide a mechanism by which employees can contribute, where appropriate, to the decision making process
  2. To enable joint problem-solving within the organisation
  3. To improve the working environment through the development of increased understanding and mutual trust and sharing of ideas in an open and honest manner.
• Representation arrangement
  Representation Arrangements usually say that Employee Representatives will attend the Forum from all parts of the organisation. There is therefore normally appropriate pro rata numerical representation across, and for, all pockets of the organisation. A Director of HR or senior manager will normally be responsible for ensuring the correct mix of members
• Remit and Role of an Employee Representative with protocols
  Representatives act as a collective voice for employees and volunteers and contribute to developing a climate of trust where individuals can be confident that their opinions are valued. Representatives must ensure the views they represent are put forward appropriately rather than any personal viewpoints they may have. Representatives voice their views frankly and freely to enable managers to gauge the likely reaction of employees at an early stage in decision making. Representatives should have the opportunity to put forward fresh ideas and proposals from colleagues. Representatives should possess or be able to develop skills such as listening, presentation, diplomacy and the ability to help build trust, co-operation and understanding of the need for change within the company
• Terms of Office for Employee Representatives
  Typical Terms of Office and Eligibility state that Employee Representatives will be appointed for a fixed term but may stand down for good reason during that period by notifying the Chair who will arrange for an alternative appointment to be made. To be eligible to stand as a forum representative and to ensure meaningful and consistent representation of their constituents, candidates must often have at least six months remaining on their contracts.
• Officers of the Forum – Chair and Secretary -Duties-
  The Chair of the Employee Forum will either be appointed from the membership of the Forum, or a designated HR officer will take on the role. It is also usual for an HR officer to take on the role of Secretary. Whoever the Chair, they must ensure that all parties have an opportunity to express their opinion and that discussion does not wander from the subject under consideration. S/he should also allocate tasks appropriately between members so that all have an opportunity to contribute. The Secretary will gather items and papers for the agenda, circulating meeting notices and agendas, taking and circulating meeting minutes, dealing with any correspondence taking action on matters as instructed by the forum
• Others invited to Employee Forum meetings
  Arrangements usually say that management may, with the agreement of the Forum Representatives, invite other people to a specific meeting if they believe that the subject(s) under discussion would benefit from specific input by such person(s). Employee Representatives may request the involvement of others on the same basis
• Time allocation and scheduling for Forum meetings and business
  It is usual to have at least one meeting a quarter with the proviso that unexpected events or sudden organisational changes might necessitate extra meetings at short notice. There is usually allocated time during working hours to enable representatives to prepare for meetings ,consult with the staff they represent, attend the Forum meeting and feed back to the staff they represent after the meeting. Good Practice says Line managers should ensure that the time required to fulfil this role does not have a negative impact on the employee representative’s core role and responsibilities in the workplace but should be sufficient to enable them to carry out their duties effectively. Agendas will normally be sent out by the Secretary at least 10 days before the date of the meeting to enable representatives to consult members. Meetings will normally be set in advance at the previous meeting. It is often useful to reconcile the Forum calendar with other key meetings such as those held by the Senior Leadership Team or Corporate Management Group.
• Minutes and Records of Meetings
  Good Practice includes the production of timely and accurate Forum minutes. These are normally produced by an HR Department member and passed to the Chair of the Forum to ensure accuracy. Agreed minutes are normally circulated within 7 calendar days of the meeting to all staff via the Forum. Representatives are usually responsible for ensuring the minutes are fed back to the employees they represent by whatever means is appropriate to their workplace. Representatives are responsible for ensuring that the employees they represent understand where to find the notes and any other pertinent information.
• Indicative Topics for Discussion
  This will depend on the company or organisation. Usually, topics include proposed changes to staff terms and conditions, new policies and procedures as well as future plans and prospects which affect all employees. There might also be a focus on key issues such reorganisation and restructuring including collective redundancies and transfers of undertakings Initiatives and activities designed to support employee wellbeing and welfare and foster a positive workplace culture and working environment are also other examples.
• Indicative Topics NOT up for Discussion
  There will always be matters which are for the discretion of directors/trustees, including and in particular any matters which do not directly impact on employee’s terms and conditions of employment. Matters that should be dealt with between individuals and their manager(s) are not suitable for discussion. This includes disciplinary, performance, absence, grievance, pay and benefits packages, training and development, or other issues that solely relate to an individual employee.
• Confidentiality Clauses
  Most modern organisations are committed to openness and generally matters under Forum discussion will not be treated as confidential. However, management usually reserves the right to require Forum members to keep information confidential if they consider it reasonably necessary for business reasons. This will usually be set out to representatives before information is shared, along with the period of time for which the restriction applies. Where appropriate, representatives will be advised as to what to feed back to their constituents in respect of matters deemed confidential
• Reporting Back.
  It is normally the responsibility of Forum Representatives to seek the views of their constituents on issues and to report back what has happened at meetings as soon as possible to their constituents. Most organisations will also continue to communicate directly with staff through email, team meetings and other electronic, face to face and written methods, as appropriate as part of the normal management function.
• Training for Forum Representatives
  Forum protocols usually state that members may request training in order to undertake their roles in the usual way. Where there is a common need for training e.g., to ensure representatives understand their role, this will usually be arranged centrally by HR. Specific individual training needs will normally be met via the normal process of appraisal and identification of development needs.

Support with Implementation
Concrew Training offer a range of one day courses designed to support HR and Management Teams Structure and Introduce effective forums and constitutions for generic business development and/or to meet the needs of a pending consultation.

In all situations Concrew Training also provides CPD training for employee reps to help them and understand and deliver their roles better, minimise conflict and enable win-win solutions.

Courses for HR Teams

Courses for Employee Reps

We also offer more focussed support for both HR Teams and Employee representatives when facing TUPE, Redundancy and similar events that demand workforce consultation.