Request
This request relates to East Midlands Strategic Health Authority
Freedom of information request for the amount of funding and staff time given to trade unions
Dear Sir/Madam,
I am writing to obtain information about the total amount of money paid to trade unions by your organisation and the amount of staff time spent on trade union activities
To outline my query as clearly as possible, I am requesting:
1. The total amount of money paid to all trade unions for financial periods a) 2009-10 and b) 2010-11 broken down by trade union.
2. For each trade union for which it applies, please provide the number of Full Time Equivalent (FTE) staff working for the union (this is sometimes called ‘Trade Union facility time’) in a) 2009-10 and b) 2010-11
Please note that I will not accept any refusal to provide this information on the grounds that it is not recorded. The guidelines issued by ACAS state that “An employee who is a member of an independent trade union recognised by the employer in respect of that description of employee is to be permitted reasonable time off during working hours to take part in any trade union activity. An employee who is a member of an independent and recognised trade union is also permitted to take reasonable time off during working hours for the purposes of accessing the services of a Union Learning Representative (provided those services are services for which the Union Learning Representative is entitled to time off).” – If the information is not recorded, it cannot be possible to ascertain whether time-off provided is reasonable. If a formal record is not kept then I will accept a reasonable internal estimate.
My preferred format to receive this information is electronically, by reply to this email.
I would be grateful if you would acknowledge receipt of this request as soon as possible.
Our response
I refer to your email requesting information in respect of funding and staff time given to trade unions.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do not hold the information that you have requested. I will address each of your queries in turn:
The total amount of money paid to all trade unions for financial periods a) 2009-10 and b) 2010-11 broken down by trade union
For each trade union for which it applies, please provide the number of Full Time Equivalent (FTE) staff working for the union (this is sometimes called ‘Trade Union facility time’) in a) 2009-10 and b) 2010-11
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NHS East Midlands does not routinely collect this information. The time off for trade union duties is judged to be ‘reasonable’ and only if this were not the case would a record of actual time taken become an issue. Whether or not requests for ‘time off’ are reasonable is an on-going matter of judgement between the manager and the individual representative and varies according to local circumstances. There is only likely to be a record of ‘time off’ requested and/or taken if there was any dispute about what was ‘reasonable’. Since this situation has not arisen, we do not hold this information and we are unable therefore to provide a ‘reasonable internal estimate’ in the absence of this information.
I hope that this information is of use. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Moosa Patel
Director of Corporate Affairs
NHS East Midlands
Octavia House
Interchange Business Park
Bostock's Lane
Sandiacre
Nottingham
NG10 5QG
If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
