TUC Equality Audit 2020-2021

While these two groups of topics are looked at in more details separately, Figure 10 shows the proportion of unions indicating they had achieved some negotiating gains in all of them. Again it gives only an approximate idea of which topics have the most widespread success.

It suggests that the most common areas for effective negotiating are pay and flexible working/WLB, with more than half of unions succeeding in these areas. Meanwhile, half made gains in the area of general equalities, with the next most successful areas being for disabled workers, for working parents/parents-to-be and carers, and in recruitment, training and promotion.

Figure 10: Unions achieving equality gains in all bargaining topics (per cent)

Equality elements of general bargaining topics

Figure 11 shows the percentage of unions that said they had achieved successful outcomes on equality aspects in general bargaining topics in the previous four years.

The figures give a broad indication of which areas have most commonly resulted in success, but again it is only an approximate measure. So unions are most likely to have made equality gains in the areas of pay, flexible working/WLB, recruitment, training and promotion, and health and safety.

Figure 11: Unions achieving equality gains in general bargaining topics (per cent)

In most cases, the proportion achieving success in these areas is higher than was found in the 2016 TUC Equality Audit (Table 7). This was especially so for flexible working/WLB, recruitment, training and promotion, performance management and appraisals, and grievance and disciplinary procedures.

This has meant that equality aspects of flexible working/WLB has shot to the top of the list in terms of how widespread these gains have been, and is now on a par with pay, which topped the list in 2016. Pensions and benefits were higher up the list four years ago than now.

Table 7: Unions achieving equality gains in general bargaining topics, 2020 and 2016 (per cent)

Looking at gains by unions in different size bands (see Figures 12,13 and 14), in most cases large unions were more likely to have reached equality bargaining agreements in these areas than smaller unions.

However, this is not always the case. They are less likely than both medium-sized and small unions to have made equality gains in the area of recruitment, training and promotion. And medium-sized unions are slightly more likely to have made equality gains in the area of grievance and disciplinary procedures.

Figure 12: Large unions achieving equality gains in general bargaining topics (per cent)

Figure 13: Medium-sized unions achieving equality gains in general bargaining topics (per cent)

Figure 14: Small unions achieving equality gains in general bargaining topics (per cent)

Unions were asked to supply some examples of important agreements they had reached with employers on general bargaining issues with equality impacts.

Flexible working/WLB

Usdaw negotiated a new Lifestyle Break Policy with Tesco in 2020, which extended the length of time staff can take off work and return to the same role in the company. The deal allows permanent members of staff with two years’ continuous service to take between four and 12 months off work, unpaid, while remaining in employment.

Unions in the NHS Staff Council, which has overall responsibility for the Agenda for Change pay system, agreed clauses that advise individual NHS employers to take a positive line on ‘balancing work and personal life’. An advisory document says employers should have policies that “emphasise the benefits of flexible working arrangements, balancing work and personal life and employment breaks”.

The document also says that all NHS employers must have a carers’ policy to address the needs of carers of both children and other dependents, and that this should be drawn up jointly between employers and local staff-side reps.

And in 2019, NAORS reached agreement with the negotiating body for the racing industry that aimed to give racing staff improved WLB (work/life balance) by bringing working arrangements more into line with standard practices. It improved the compensation paid to staff for working more than a 40-hour week in two ways: it switched to paying premium rates once they work over 40 hours in a week, rather than over 85 hours in a fortnight; and the overtime premium was increased substantially. However, this was offset to some extent by reducing the premium for Sunday working from double time to time and a half.

Pay

The RCM and other NHS staff-side unions achieved a framework pay agreement that, among other things, improved starting salaries in each pay band under the Agenda for Change. This was to be done by progressively removing bottom pay points within each band over the three years covered by the deal.

While the aim was to improve recruitment and retention of staff rather than for equality reasons, the measure would be likely to have a positive impact on younger workers, who may be more likely to be on starter grades.

Recruitment, training and promotion

Unite, along with other unions, has gained agreements with certain companies in the finance sector to receive annual pay reviews, including ethnicity data around performance-related pay and grading. These revealed that Black employees’ salaries were lower than those of white employees and Unite used the analysis to negotiate positive action in recruitment and career progression of Black staff.

Health and safety

Unite’s long-running ‘toilet dignity’ campaign, including ensuring access to toilets for women in male-dominated industries, has resulted in some successes. For example, it has worked with a forestry industry employer to improve access to toilets for women working in woodlands. Available local facilities were identified, and agreement reached for the women to use the employer’s official transport to access them.

Harassment and bullying

Usdaw, Unite and the GMB agreed a bullying and harassment policy with Unilever in 2017 which makes very clear that the company aims to eliminate all forms of harassment, including sexual and racial harassment and harassment relating to sexual orientation, disability, age, gender reassignment and religion or belief, as well as bullying and other unacceptable behaviour.

Benefits

Unite has reached agreement at food manufacturer Devro in Scotland whereby its criteria for 100 per cent sick pay are relaxed for those with long-term conditions as follows: “In the event of serious illness, major surgery or disabling condition within a 2 year rolling period, the company will honour the 26 weeks sickness benefit being paid at the individual’s full rate.”
Equalities bargaining topics

Figure 15 shows the percentage of unions who said they had achieved successful outcomes in equality bargaining topics in the last four years.

The figures give a broad indication of which areas have most commonly resulted in success, but again it is only an approximate measure. So unions are most likely to have made gains in the areas of general equalities bargaining, disabled workers, working parents, parents-to-be and carers and trans plus workers.

Figure 15: Unions making gains in equality bargaining areas (per cent)

There have been some changes in the areas in which unions are most likely to have had bargaining success since the 2016 TUC Equality Audit (Table 8).

Negotiating gains have become more widely spread across unions in all areas except for bargaining for women. Success in bargaining for trans plus and LGB plus workers has become very much more widespread, and there has also been a substantial widening in gains for younger/older workers.

Table 8: Unions achieving equality bargaining gains, 2020 and 2016 (per cent)

Looking at gains by unions in different size bands (see Figures 16, 17 and 18), large unions were, unsurprisingly, more likely to have reached equality bargaining agreements in these areas than smaller unions.

More interestingly, there are some differences in where unions in different size bands are most and least likely to have made gains. For example, while agreement for disabled workers is top of the list for large unions, for medium-sized and small unions, apart from general equalities bargaining, the most common area of success is for working parents, parents-to-be and carers.

And in small unions, Black workers and women are the least likely topics for negotiated gains, while deals for LGB plus works are relatively widespread.

Figure 16: Large unions achieving equality bargaining gains (per cent)

Figure 17: Medium-sized unions achieving equality bargaining gains (per cent)

Figure 18: Small unions achieving equality bargaining gains (per cent)

Some unions provided examples of agreements reached with employers on equality topics.

Working parents, parents-to-be and carers

At the Aviva insurance company, Unite agreed a parental leave policy in which parents are eligible to the same amount of paid and unpaid time off, regardless of gender, sexual orientation or how they became a parent (birth, adoption or surrogacy). Under the policy, all UK employees are able to take 12 months’ leave when a new child arrives, including 26 weeks at full basic pay.

Usdaw and Unite reached an agreement with Alliance Healthcare on paid time off to accompany partners to ante-natal appointments. It spells out in detail the level of paid time off entitlement, including a maximum of two appointments per pregnancy and of three hours per appointment.

Usdaw has also negotiated some improved parental leave and pay deals, including at Morrisons, where those on maternity leave are now on full pay for the first 12 weeks, half pay for weeks 13–27, and Statutory Maternity Pay for the remainder. And at Tesco there is a new paternity deal in which eligible employees are entitled to two extra weeks’ leave at up to full pay on top of the statutory two weeks.

Usdaw has also negotiated with Sainsbury’s for paid leave for fertility treatment. Female staff can take all IVF appointments as paid leave, while partners can take paid leave for 10 appointments per cycle of treatment.

At Stagecoach, Unite union reps sitting on the bus company’s National Women’s Committee have produced, jointly with the company’s HR, a pregnancy and maternity guide for the company which includes a special risk assessment. This allows a pregnant woman to finish working early without loss of pay if a doctor verifies that she is finding work too much of a strain.
The RCM, along with the other NHS unions, agreed a general directive on parental leave to be given by the NHS Staff Council to NHS employers, which states that the legal right to parental leave should allow arrangements to be “as flexible as possible” and that notice periods “should not be unnecessarily lengthy”.

Disability

UNISON reached a disability leave policy with the Health Research Authority, which is described as paid time off work for a reason related to someone’s disability. It may be for a long or short period of time and may or not be pre-planned. It is not included when assessing performance, promotion, attendance, selection for redundancy and similar issues. It is available to permanent and fixed-term staff who are disabled using the Equality Act definition.
 

A guideline amount of such leave is up to 20 days in any 12-month period, but this is not an absolute limit. Formal processes are set out for agreeing and reviewing disability leave.

Usdaw has reached agreement with Tesco to operate an ‘adjustment passport’ – a live record of adjustments agreed between and individual and their manager to support someone because of a health condition or disability. It is for the individual staff member to keep and pass on to anyone who may need to know information about their condition. The idea is to reduce the need to re-assess adjustments when changing jobs or other circumstances.

Unite has reached disability/rehabilitation agreements with a number of employers, including at Aberdeen University, where reasonable adjustments include those suffering from mental health problems such as “reasonable paid time off to attend appointments in relation to treatment regimens, eg counselling, physiotherapy”.

Trans plus workers

Unite and Bournemouth Transport have agreed a detailed Transsexual and Transgender Recognition Policy that, among other things, sets out how an individual deciding to undergo gender reassignment should be supported at all stages. It sets out how the employer will handle issues of, for example, dealing with reactions of other staff, time off for treatment, single-sex facilities, confidentiality and reasonable adjustments that may be required, such as in relation to uniforms.

Women

At Santander bank, the CWU agreed a programme of action on supporting women going through menopause. In 2019 the company conducted consultations with staff and produced guidelines for line managers, trialled a text-based support service, and held women-only and line manager awareness sessions among other events. A survey was conducted of staff going through menopause that investigated how symptoms affected them and how supported they felt at work, particularly in relation to discussing issues with their line managers.

The company also set out a plan of action for 2020, which includes further actions to “break the taboo” around the topic, provide further guidance for line managers and for women, and review absence management procedures to address menopause-related absence.

Unite also negotiated menopause policies with a number of employers, including GKN Aerospace, where the company has committed, among other things, to: raise awareness and “help to break through the silence”; train managers; identify reasonable adjustments; and provide information and support to employees. And it negotiated with the Nestlé food company to provide suitable uniforms for women going through menopause.

Separately, Unite has persuaded a range of employers to sign up to its ‘period dignity’ charter in which they agree to provide free sanitary facilities for those who need them. Employers participating include Rolls-Royce, Nissan, Multiplex Construction and the Manchester Metropolitan and Liverpool City region mayors.

And at British Airways and Aviator, Unite has negotiated agreements on cabin crew uniform meaning that women are no longer obliged to wear high heels and may wear trousers.

Black workers

Unite has been working with a number of NHS trusts to tackle race discrimination in the NHS. It has used its Race Ahead in Health toolkit to gain agreement to train staff and managers, for example delivering a presentation to employees and health professionals at the Royal Eye Unit at Kingston Hospital. At another NHS trust the union negotiated joint training and fairer process after equality monitoring revealed that Black women were hardest hit by redundancies, while in a London ambulance service it negotiated for more employment of Black workers.

Young workers

Unite forced the London Borough of Waltham Forest and its leisure services provider GLL to pay the London Living Wage (£10.20 an hour) to staff aged 18–20. It is understood that this will benefit 260 young people working for GLL in the borough, who will each see a 25 per cent rise from their previous rate of £8.10.