TUC Equality Audit 2020-2021

Training on equality bargaining

An important way in which unions help their negotiators to advance equality at the workplace is through the provision of training. The Equality Audit questionnaire asked unions to indicate which equality bargaining issues they provide training on to three groups in the union: their national paid officials; their local/regional paid officials; and their lay negotiators (Table 1).

Table 1: Unions providing training for negotiators on equality bargaining issues (per cent)

In general, more unions provide equality bargaining training to lay negotiators than to paid officials, though training priorities vary depending on the group being trained. While general equalities bargaining is the most common training topic for all three groups (except for lay negotiators, where training on harassment and bullying policies was equally common), thereafter priorities for the groups diverge somewhat.

Key topics for national and local paid officials are pay and employment equality, bullying and harassment and gender and other pay gaps. Meanwhile, training on pregnancy and maternity discrimination, disabled workers and women’s health are relatively widespread for local paid officials and lay negotiators.

While large unions will tend to provide more training in all areas than others, Tables 2 to 4 look at which are the most commonly provided training topics for unions in each size band. Each table lists the three most commonly cited topics, and the tables are split into training provided to national paid officials, local/regional paid officials and lay negotiators.

They show that different-sized unions tend to have slightly different equality training priorities for the different groups.

Table 2: Top three training topics for national paid officials by union size band

For small and medium-sized unions, though not for large ones, flexible working/WLB is one of the three most common topics for national paid negotiators (Table 2). For large unions, training on pay gaps is now as widespread for national paid negotiators as pay/employment equality issues.

Table 3: Top three training topics for local/regional paid officials by union size band

For local paid negotiators, flexible working/WLB is again one of the three most common training topics among medium-sized and small unions, but not among the large unions (Table 3).

Table 4: Top three training topics for lay negotiators by union size band

In terms of lay negotiator equality training, hate crime is now one of three ‘priority’ topics for the group of large unions – provided by all six in that size band (Table 4). The same goes for training on disability. Meanwhile, pregnancy/maternity appears to be one of the priorities for lay negotiator training in the groups of medium-sized and small unions.

Guidance on equality bargaining

Another major source of negotiating support provided by unions is material in the form of guidance, policy advice or, sometimes, model agreements. This section looks at the extent to which unions include different equality bargaining topics in their suite of materials for paid officials and lay negotiators.

The Equality Audit asked unions about the equality topics on which they have current and up-to-date policies, guidelines or briefing materials for their negotiators. For unions dealing with a small number of employers, who may not produce negotiators’ guidance, this includes where the union includes the topics in their claims.

The topics are in two parts. First unions were asked if they had included equality considerations in guidance on a range of general bargaining topics, such as pay and benefits. Second, they were asked if they have negotiating guidance on specific stand-alone equality bargaining topics such as issues relating to women, Black workers or LGB plus workers.

These two groups of topics will be looked at in more detail separately, but Figure 1 shows the proportion of unions indicating they had up-to-date guidance on any of them. It can only give an approximate indication of which are the most common topics for guidance, as some headings overlap with others; for example, guidance on gender pay gaps could be covered under ”women” and/or “pay”.

Nevertheless, it suggests that flexible working/work-life balance is a priority issue for union equality bargaining, with two in three saying they had up-to-date guidance materials on this topic. Another key area would seem to be harassment and bullying policies, where almost two in three also have up-to-date bargaining guidance.

At the other end of the scale, only one in three unions has produced materials on religion and belief and on younger or older workers, and only one in six on the equality aspects of automation.

Figure 1: Unions including equality guidance in all bargaining topics (per cent)

Equality elements of general bargaining topics

Figure 2 shows the percentage of unions who said they had current up-to-date policies or guidelines on general bargaining topics that includes equality elements or, in the case of unions dealing with few employers, have included equality elements in their actual claims on general bargaining topics.

The figures give a broad indication of which areas have most commonly been given attention in the last four years, but it is only an approximate measure as different unions may categorise their guidance differently.

Figure 2: Unions including equality guidance in general bargaining topics (per cent)

This indicates that unions are most likely to have up-to-date equality guidance related to flexible working/work-life balance, harassment and bullying policies, health and safety and pay. Only one in six has so far produced guidance on automation and/or digitalisation that specifically covers equality issues.

In most cases, the proportion of unions with equality guidance on these topics is higher than was found by the TUC Equality Audit of 2016 (Table 5). However, the ‘priority’ list is slightly different in that, four years ago, guidance on bullying and harassment came top of the list, with pensions and retirement in second place.

Table 5: Unions with equality guidance on general bargaining topics 2020 and 2016 (per cent)

na: not asked

Looking at unions grouped by size band, it can be seen that, not surprisingly, large unions were more likely to have equalities guidance in all the areas listed. But there are also some differences in which bargaining topics have seen most activity (see Figures 3, 4 and 5).

For large unions, the four most common general bargaining topics for equality guidance, cited by all six unions in that band, are harassment and bullying policies, health and safety, pay and stand-alone sexual harassment policies.

Among medium-sized unions the four most common general bargaining topics for equality guidance were slightly different. The top three are flexible working/work-life balance, harassment/bullying and performance management and appraisals, with fourth place taken by four equally widespread topics – pay, pensions and retirement, grievance/disciplinary procedures and stand-alone sexual harassment policies.

Meanwhile, for small unions, the four apparent priority areas are different again. They are health and safety, flexible working/WLB, pensions and retirement, and benefits.

Figure 3: Large unions including equality guidance in general bargaining topics (per cent)

Figure 4: Medium-sized unions including equality guidance in general bargaining topics (per cent)

Figure 5: Small unions including equality guidance in general bargaining topics (per cent)

Unions were asked to provide some examples of the most important guidance they had produced on these general bargaining topics that included equality elements.

Flexible working/WLB

Some of the NAHT’s guidance to members is provided to them in their capacity as headteachers who make certain decisions about teachers’ pay and conditions. The union has issued guidance to its members advising them to be positive in relation to job-shares, either in their own ranks or among the teachers they manage. It spells out some practical guidance on how the work of job-sharing partners should be organised to best effect.

The RCM has produced guidance on making the case to employers to create more opportunities for their members (midwives and maternity support workers) to have a better work/life balance. This is particularly relevant for such workers, as many employers are very inflexible about how they cover this 24/7 service. The guidance includes setting out the needs of modern-day midwives and also the business case – basically, that there is a shortage of 3,500 midwives in the UK.

Health and safety

UCU’s model policy on domestic abuse states that the employer should acknowledge that it has a responsibility in this area. This is because, on top of the fact that it is a crime, it is disruptive and socially harmful:

• it may have an impact in the workplace
• the university/college has responsibility for the health, safety and welfare of its staff and learners
• it can affect an individual’s performance.

The union proposes a range of practical actions to protect staff or learners from abuse within working hours and also calls for special leave provisions to be available where necessary.

The guidance also addresses staff who are perpetrators or alleged perpetrators of domestic abuse.

The FBU has produced a health, safety and welfare guide on workplace facilities, developed by the National Women’s Committee and health and safety coordinators. It makes clear the need for separate facilities for men and women, well-maintained sanitary provision, and areas for pregnant women and nursing mothers.

Pay

UNISON has produced a very detailed guide for branches to get the most out of their employers in relation to tackling the gender pay gap. As well as setting out the detailed requirements of larger employers under the gender pay gap reporting legislation, it advises branch negotiators how to put pressure on employers to review their current policies on pay, recruitment, training, carers’ policies and other areas that could help to close the gap.

It includes a model letter to send to employers following the publication of their gender pay gap. It also has a case study of how unions and employers in NHS England are working together to move from gender pay gap reporting to action to tackle their gap using many of the steps set out in the guide.

Recruitment, training and promotion

The NAHT’s 2019 pay guidance to heads (and governing bodies) to implement in their schools sets out a mechanism for avoiding inequality in performance-related progression for certain staff, including those returning from maternity or sick leave. It also advises that pay progression trends should be monitored to see if certain groups, for example part timers, progress up their pay scales more slowly than full timers. It suggests that there should be a moderation process for performance appraisals.

Sexual harassment

Equity’s comprehensive Agenda for Change report aims to tackle the sexual harassment that has been shown to be widespread in the entertainment industry. It proposes a wide range of mechanisms for this, including getting dignity and respect at work policies attached to members’ contracts and in industrial agreements.

It demands that ‘engagers’ of Equity members must have clear and robust policies, including reporting structures, whistleblowing and grievance procedures for bullying, harassment and sexual harassment, including third-party harassment. Other demands include that, at the start of every rehearsal period or similar, engagers confirm verbally that they have a policy of zero tolerance, and that they do not allow non-disclosure agreements to protect perpetrators of sexual harassment.

UCU’s stand-alone sexual harassment guidance includes a checklist for union action that includes pushing employers to adopt a clause in the collective agreement and a model policy which it sets out in the guidance.

The PFA approached football club managers with a request to make a presentation to their players about sexual consent and respectful relationships. The development of the presentation was a collaboration between the union, the FA and Premier League and Women’s Aid.

Automation/digitalisation

Unite’s guidance on negotiating new technology comes in the form of a model agreement, which has fairness and equality at its core. It stipulates that a key principle of any new technology agreement is that it must not advance one group of workers against another and that it should be introduced only in a way that benefits all workers affected.

A specific section on ‘fairness and equality’ states: that the introduction of new technology must include action to promote equality and to prevent and eliminate discrimination on grounds of protected characteristics; that equality impact assessments and monitoring should be carried out; and that “the Employer also recognises and supports the role of union equality representatives, union equality courses, and a joint equality committee”.

Equalities bargaining topics

Figure 6 shows the percentage of unions that said they had current up-to-date policies, guidelines or briefing materials for their negotiators on equalities bargaining issues or, for those dealing with few employers, had put these as items in claims to employers.

Again, the figures give a broad indication of which areas have been most prominent. The most common topics for negotiating guidance were issues for women, followed by LGB plus workers and working parents, and parents-to-be and carers, as well as general equalities bargaining. Less common is negotiating guidance related to younger or older workers or religion and belief.

Figure 6: Unions with guidance on equality bargaining topics (per cent)

Table 6 shows the changes in these figures since the 2016 TUC Equality Audit. The proportion of unions with guidance in some areas has gone down – particularly for disabled and Black workers – while more unions have produced guidance for younger/older workers and on general equalities bargaining.

Table 6: Unions with guidance on equality topics 2020 and 2016 (per cent)

As with the findings for general bargaining topics, large unions were more likely than smaller ones to have up-to-date guidance in all the equalities areas. And, also as before, there are some differences in ‘priorities’ between unions of different sizes (see Figures 7, 8 and 9).

Most notably, bargaining for disabled workers is the most common topic of guidance for large unions, but it is further down the list for the others, particularly medium-sized unions. The reverse is true for guidance on working parents, parents-to-be and carers. This appears to have been a more common priority area for medium-sized and small unions than for the large ones.

Figure 7: Large unions with guidance on equality bargaining topics (per cent)

Figure 8: Medium-sized unions with guidance on equality bargaining topics (per cent)

Figure 9: Small unions with guidance on equality bargaining topics (per cent)

Unions provided some examples of bargaining policies and guidance they had produced for their negotiators.

Women

One of the areas of substantial growth of union policy in this audit is in menopause at work policies. Examples of guidance on this were submitted by a number of unions including the FBU, whose membership is majority male. Its short guide sets out what employers can do but also informs its own representatives and officials on the issues so they can provide adequate support to affected members. It says employers should ensure sickness absence policies and working time arrangements are flexible enough to cater for the effects of menopause on some women, and that they should conduct risk assessments to ensure the working environment will not make symptoms worse.

UCU’s guidance similarly refers to risk assessments and says that issues to be looked at include temperature and ventilation, toilet facilities and access to cold drinking water. Improved welfare facilities could also include a quiet place to rest and easily adjustable temperature and humidity controls.

UNISON, with a 70 per cent female membership, provides a 40-page bargaining guide that covers a range of issues to ensure managers take menopause seriously. It includes a model survey for reps/branches to conduct to clarify what problems women are facing in which work areas, as well as guidance on negotiating employer policies.

ASLEF has issued a comprehensive guide, written by the union’s Women’s Representative Committee, for reps to help them understand women’s (and parents’) issues in the workplace. The topics covered are rights for parents and parents-to-be, flexible working, toilet facilities, sanitary wear facilities, sexual harassment, female cancers, reasonable adjustments, disability discrimination, domestic violence and menopause.

General equalities

ASLEF’s On Track with Diversity 2019 report documents the state of diversity in the railway industry in which it operates and examines why “so few women and BAME people apply for jobs as train drivers”. While not a bargaining guide as such, it examines the recruitment practices of the train operating companies with the hope that actions that lead to success at recruiting diversely will spread throughout the industry. It has had some success here, as described at the end of this section.

Equity’s casting policy aims to increase diversity on stage and screen. It says the union will intervene in the casting process to press ‘engagers’ to give more opportunities to a diverse range of performers. However, the union has clarified that, as long as opportunities have been given,

Equity will not intervene after casting decisions have been made. It notes, for example, that when the union was seen to be critical when a non-disabled actor was given the part of ‘Elephant Man”, the criticism was not about who actually got the part but the fact that disabled performers were not being considered.

LGB plus and trans plus

The TSSA has developed an Equality Bargaining Standard to help reps bargain with employers for LGBT plus inclusive workplaces by setting three levels of award – bronze, silver and gold. It sets out clear steps employers should take to achieve the standards, including training of various tiers of staff. The gold standard requires further efforts, including providing the union annually with evidence of having met each earlier level of the standard, along with discussions on further initiatives.

The UCU’s guide on gender identity explains key terms that are commonly used in this area and suggests what actions branches can take within their ranks and press for in their workplaces. These latter include getting employers to develop awareness of the issues among staff, through training and surveys, for example, and developing LGBTQ plus networks.

Disabled workers

UNISON’s 32-page guide to bargaining over disability leave includes a model agreement. It says the key points branches should try to have included in an agreement are:

• Disability leave should be paid.
• It should be recorded separately from sick leave.
• It should be removed from trigger calculations in capability procedures etc.
• There should be a policy for both planned and unplanned disability leave.
• There should be no maximum duration but what is ‘reasonable’ in each case.

UNISON has a separate 32-page guide to bargaining for reasonable adjustments, which includes pressing for ‘accessibility passports’. This aspect is also the subject of guidance from the UCU, which calls them ‘adjustment passports’. The purpose of the passport is to:

• make sure everyone understands and has a record of what adjustments have been agreed
• reduce the need to reassess adjustments every time a person changes jobs, is relocated or is assigned a new manager
• provide the staff member and their manager with a basis for future conversations about adjustments.

The UCU, another union that has produced a short guide to using adjustment passports, has also published a guide for awareness and action on HIV and AIDS in the workplace. Its aim is to inform and advise reps about HIV and how conditions in the workplace can best support people concerned about and/or living or working with HIV.

The TSSA has continued its pioneering work on neurodiversity by producing a TSSA Equality Bargaining Standard to help workplace reps persuade employers to work with them to audit diversity progress in this area. It sets out clear steps employers should take to achieve either bronze, silver or gold standards. The gold standard requires a range of efforts, including each neurodiverse employee to have an individual development plan and pathway, and a senior manager to be nominated to oversee actions to increase inclusion of neurodiverse people.

Accord issued guidance to members on dealing with anxiety, stress and depression at work, with links to further advice produced by the Bank Workers Charity.

Black workers

The UCU issued its branches with a bargaining guide on tackling workplace racism, which was informed by a survey it had conducted among its Black members. This found Black workers in colleges and universities experienced huge barriers to career progress, high levels of bullying, harassment and exclusion from decision-making, and also high levels of cultural insensitivity. The guide provides detailed guidance on these key bargaining issues:

• recruitment and selection
• training
• promotion and progression
• temporary and casual staff
• pay rates
• performance management
• disciplinary processes.

Unite’s health reps’ toolkit, Race Ahead in Health: tackling race discrimination in the workplace, sets out practical steps reps can take to do just that. It describes how they can push for: better recruitment and selection processes; action to close the ethnicity pay gap; improving equality in progression and promotion; learning and development opportunities; effective measures to deal with racial harassment, discrimination and bullying; and specifically promoting fairness for Black women at work.

In a different approach, the PFA led a media boycott by professional football players as part of a strategy to push footballing bodies to do more to address racist abuse at matches – to ‘make a stand against racism’.

Young workers

While not strictly limited to young workers, Unite’s template for reps negotiating apprenticeships aims to make sure that young workers are not used as a source of cheap labour. It says that protecting apprentices from exploitation starts with direct union input on the structure and the quality of apprenticeships.

To that end, the template covers all aspects of an acceptable apprenticeship agreement, including union recognition for apprentices, the duration of apprenticeships and the full range of pay, terms and conditions as well as on- and off-the-job training issues, mentors, health and safety, assessments and possibilities for end-of-apprenticeship employment.

How union guidance supports and promotes equality

The Equality Audit asked unions what role their bargaining guidance had played in supporting and promoting equality.
Clearly the core aim of guidance is to help negotiators to win better terms and conditions in the workplace, and some unions cited examples of this.

The FBU, for example, says guidance developed by its National Women’s Committee has resulted in successes in local maternity policies.

Unite says its mental health guide, along with seminars it held with HR directors and senior Unite reps in the road transport and logistics sector, has had a range of positive outcomes. It led to mental health agreements being reached, mental health training sessions being held, and new support services being established in those companies.

On race work, the union used its Unite Race Forward action pack – tackling race inequality in the NHS to set up training for NHS staff and managers, and, in some trusts, to push for action on recruitment, selection and progression for Black workers.
UNISON says its disability leave bargaining guide has been used by branches to negotiate policies, focusing on having no cap on the leave, as seen successfully in the agreement reached with the Health Research Authority (see page 48).