Chapter 1 - Whitley Councils
Appendix 1 - Constitution for Crown Prosecution Service - Group Whitley Council
- Introduction
- Objectives and functions
- Membership
- Meetings
- Minutes
- Finance and Facilities
- Amendment of the Constitution
1. Introduction
The CPS is committed to obtaining the support of all its staff in pursuing the aims and objectives of the criminal justice service and good employee relations are central to this process. The Whitley Council system has been established in the CPS for this purpose and the Group Whitley Councils are an important part of this process.
2. Objectives and functions
Objective/Purpose
The general objectives of the Group Whitley Council will be:
a. To seek co-operation and agreement between the Service and its staff in matters affecting the Group, by appropriate consultation. Any matters arising should be resolved as close to their point of origin as possible.
b. Negotiation through collective bargaining is usually reserved for national issues at a Departmental level. However, where appropriate, local issues such as annual leave and Flexible Working Hours Agreements, may be suitable for consultation and negotiation at Group level. Where either the management or trade union side has concerns that an issue to be discussed has wider or national implications and is more appropriate for national consultation and negotiation, they may refer the issue to HRD/DTUS for clarification.
c. To provide a forum at which general grievances or disputes can be discussed and resolved.
Functions
a The Group Whitley Council will provide a forum in which the commitment of both sides to full and meaningful consultation and co-operation will be displayed in practice. The Council will also provide a forum to determine appropriate Group policy, which is subject to this consultation and co-operation.
b The scope of the Group Whitley Council's discussion will cover all matters which affect the conditions of service of staff in the Group. Issues arising from GOC/CCUs can be raised.
c General principles affecting conditions of service, policy and working practices within the Group, to include staff flexibility and deployment across the Group, organisational change, planning issues, Group performance and resourcing.
d Training and development and further education of staff.
e Developing equality of opportunity of all staff and those seeking employment with the Service.
f To provide a system of formal local Group agreements, reached as a result of consultation and co-operation.
g To take account of the ideas and experience of the staff channeled through a representational structure and thereby provide an appropriate role for staff in determining the policy affecting the conditions under which they carry out their duties.
3. Membership
The Group Whitley Council will consist of not more than 12 members. This will include a Chair, who would be the Group Chair or the Senior ABM, a Vice-Chair, the Regional HR Business Partner and a Secretary. In the absence of the Group Chair, the Senior ABM would chair the meeting. The Vice-Chair will be from the trade union side.
The Trades Union side will be made up of no more than 8 accredited representatives from within the Group. This should include the Vice-Chair. For Groups consisting of 3 or less CPS Areas, there should be no more than 6 representatives from the TUS. For Groups consisting of 4 or more CPS Areas, there should be no more than 8 representatives from the TUS.
Either side may have a representative attend for the purposes of training, if agreed by the Chair and Vice-Chair.
4. Meetings
Group Councils will be held twice yearly. If necessary, further meetings may be requested. Requests should be considered by the Chair and Vice Chair and should not be unreasonably refused.
Trade union members of the Group Council will be entitled to hold a pre-meeting before a Group Council is held to discuss agenda items. Reasonable facility time for this purpose will be allowed.
An agenda will be circulated to all members not less than 7 days before the meeting. It is expected that the Secretary will confer with both management and the trade union side prior to this to identify necessary items. Items and initiatives are encouraged from both sides.
Any urgent business arising, not on the agenda, should be notified to the Chair and Vice-chair in advance of the start of the meeting and will be taken only with their permission.
5. Minutes
The Group Council will keep minutes of its proceedings to be circulated by the Secretary to all members not more than 14 days subsequent to a meeting. The minutes will then be agreed as a true account by both sides. The agreed minutes can be circulated within the Group Areas to staff as appropriate.
Only statements issued under the joint authority of the trade union and management sides of the Council will be published, and will be as full and informative as possible. Each side may circulate a note of the meeting, for information purposes, in the meantime, but must clearly state that it is not the agreed minutes.
6. Finance and Facilities
Each side of the Council will be responsible for its own expenses. Civil Servants who are members of the trade union side of the Council, will be given facility time as detailed in the Departmental Facilities Agreement. They will be entitled to claim reimbursement for travel and subsistence costs under the Departmental arrangements.
The provisions set out in the Departmental Facilities Agreement will apply to accredited representatives from the Group.
Accredited representatives will be afforded an opportunity to consult members prior to, and provide debriefings following Group Whitley Council meetings. However this should be discussed and agreed between the Chair and Vice-chair of the Council.
7. Amendment of the Constitution
The Group Whitley Council Constitution can be reviewed and amended from time to time at national level in the light of organisational or other change within the Service, with the agreement of both sides.
