Chapter 1 - Whitley Councils
Appendix 2 - Constitution for Crown Prosecution Service - Area 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 Area Whitley Councils are an important part of this process.
2. Objectives and functions
Objective/Purpose
The general objectives of the Area Whitley Council will be:
a. To seek co-operation and agreement between the Service and its staff in matters affecting the Area, 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 Area 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 local grievances or disputes can be discussed and resolved.
d. If a resolution of a local issue cannot be agreed, it may be referred to the Group Whitley Council for resolution. The decision to refer an issue to the Group Whitley Council must be agreed by the Chair and Vice-chair of the Area Whitley Council.
Functions
a. The Area 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.
b. The scope of the Council’s discussion will cover all matters which affect the conditions of service of staff in the Area, and its functions will include the following, in so far as they relate to the Area.
c. Training and development and further education of staff.
d. Developing equality of opportunity of all staff and those seeking employment with the Service.
e. To provide a system of formal local Area agreements, reached as a result of consultation and co-operation.
f. To take account of the ideas and experience of the staff channelled 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.
g. Improvement of office accommodation, organisation and machinery and buildings containing these, complementing the activities of the Area Health and Safety Committee, where it exists.
3. Membership
The Area Whitley Council will consist of not more than 10 members. This will include a Chair, a Vice-Chair and a Secretary. The Chair will be the CCP, or in their absence, the Area Business Manager. From this number not more than 4 will be representatives of Area management. The Chair will be from the management side and the Vice-Chair from the trade union side. The trade union side will be made up of not more than 6 elected representatives from within the Area.
Either side may have a representative attend for the purposes of training, if agreed by the Chair and Vice-chair.
4. Meetings
Area Whitley 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 Area Whitley Council will be entitled to hold a pre-meeting before an Area Whitley Council is held in order 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 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 Area Whitley 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 Area 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.
Accredited representatives will be afforded an opportunity to consult members prior to, and provide debriefings following Area 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 Area 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.
May 2010
