Effectively Negotiating with Trade Unions Workshop

Registration & coffee

WHAT LEGAL ISSUES AFFECT A NEGOTIATION?

Julia Harrison

Senior Consultant in Employment Law & Industrial Relations
PwC LLP

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Julia Harrison

Senior Consultant in Employment Law & Industrial Relations , PwC LLP

Julia is a qualified Employment Lawyer who has been involved in some of the UK’s leading employment cases. She brings a distinctly practical and delivery-focused approach to her job, having also worked as an HR professional. After qualifying and working at the law firm Dentons, Julia joined British Airways in 1998 where she led the Employment Law team from 2001 until 2011. Julia had a broad practice undertaking both contentious and advisory work. She developed a particular interest in collective labour law, and led BA’s employment team during significant transformational changes within the business including disputes with cabin crew and pilots. She was involved in a number of high profile injunction hearings. In 2011 Julia moved into HR and gained her FCIPD, latterly becoming BA’s Head of HR, leading a team of around 80 HR professionals responsible for strategic and tactical HR advisory activity globally. In her HR role, Julia took on more hands-on work in the collective relations field, leading or participating in collective negotiation and consultation. In 2018 Julia joined PwC, working as a lawyer once again, focusing on industrial relations issues. Since taking up this role she has enjoyed the challenge of working in a range of sectors including utilities, logistics, media and the public sector. She has direct experience of most aspects of collective relations practice including: strategic planning; advising on collective agreements and trade union relationships; statutory consultation and negotiation processes and talks held with the assistance of ACAS; and dealing with industrial action of all types both in the workplace and in the court room.

Christina McGoldrick

Senior Manager and Employment Law Solicitor
PwC LLP

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Christina McGoldrick

Senior Manager and Employment Law Solicitor , PwC LLP

Christina is a Senior Manager and employment law solicitor in PwC’s Employment law team, with a particular focus on international employment law projects and workforce restructuring. Christina advises multinational corporate clients on a range of HR/employment law issues arising at national and international levels. Christina specialises in advising clients on restructuring their workforce in a manner that limits legal risk and impact on employee morale, with the strategy for engagement with employees and their representatives being a key aspect of this. Christina’s recent experience has included advising multi-national clients on setting up arrangements for employees to be informed and consulted with on a transnational basis, advising on cross-border information and consultation processes, union negotiations and employee engagement strategies.

• The difference between recognition, collective and national agreements;
• The legal framework, how a collective agreement works (ie. Incorporation), the formalities required to make a collective agreement;
• How collective bargaining works in practice; 
• Dealing with disputes, internal and external dispute resolution
• Are your employees and representatives prepared for negotiation: what legal & contextual awareness should be in place? 
• Recent case law: what lessons can be learnt? 
• 15 minute interactive legal Q&A

Coffee break

THE ACAS VIEW: APPROACHES TO NEGOTIATION

Simon Long

Senior Advisor
Acas

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Simon Long

Senior Advisor , Acas

Having worked in ACAS for over 20 years Simon has developed particular expertise in helping Trade Unions and Managers achieve the best mutual outcomes from their working relationship. In addition, Simon also carries out mediations, conciliations and plays an integral role in London's training program, delivering courses in our London offices or in-company. Simon has a wealth of experience in tailoring training and business solutions to meet the unique requirements of individual organisations. This comes in part from previously working as an Individual Conciliator in ACAS, dealing with a huge variety of scenarios arising from employer - employee disputes. Simon holds a Post Graduate Certificate in Dispute Resolution and is the designated Adviser for organisations in Islington, Enfield, Hackney, Haringey and Waltham Forest.

• Understanding & expectations: the difference between communication, consultation & negotiation
• How can union policies & processes impact your negotiation? : local vs. national policies, dealing with different levels of union representation
• Why do talks break down? : Encouraging and communicating directness & transparency, failure to share information, use of specific terms. 
• How to approach negotiations – attitudes & pre-conceptions: building better relationships with trade unions prior to negotiation & consultation
• 15 minute interactive Q&A with ACAS

Lunch

MASTERCLASS I – PRINCIPLES OF NEGOTIATION

Derek Luckhurst

Training and Development Director
IPA

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Derek Luckhurst

Training and Development Director , IPA

Derek Luckhurst has been the Training & Development Director of the IPA (Involvement And Participation Association) since December 2000 responsible for consultancy services. Previously he was the Manufacturing, Science And Finance Union’s National Secretary for Legal & General since 1996. He was instrumental in the establishment of a breakthrough partnership agreement, which was signed at L&G in 1997. At IPA he has developed partnership workshops for the Inland Revenue, the Audit Commission, Royal Fleet Auxiliary, Aintree NHS Trust, Bolton NHS Trust and Santander. In conjunction with the workshop, he has written a partnership induction programme specifically tailored for people working on partnership initiatives. He is the author of “A Practitioner’s Guide To Sustaining Industrial Partnership” published by the IPA with DTI support in 2004, updated and re-published in 2011. He also wrote a Staff Representatives’ Handbook, which has been commissioned by Sanctuary Housing, Halfords, BP, Coral Racing and Avon Cosmetics. He has worked with many organisations helping them with employee relations including United Welsh Housing Association, Steria, Standard Life, Santander, Norwich Union, Royal College Of Surgeons, The General Medical Council, The Prince’s Trust, Egg, Blue Arrow, Royal National Institute For Deaf People, Bank Of Ireland UK Financial Services, The Independent Police Complaints Commission, The Healthcare Commission, Avon Cosmetics, The Royal Fleet Auxiliary, The National Asthma Campaign, National Grid, Peabody Trust, British Bakeries, The Employers Organisation, Pizza Express, The Communication Workers Union, The Post Office, De La Rue Cash Systems, Peabody Housing, Corps of Commissionaires, The Cancer Research Campaign, South East Water, Inland Revenue, Eurotunnel, Siemens, Pfizer, Terrence Higgins Trust, Electoral Reform Services, Opportunity Links, Kelloggs, the CBI, Skandia, AOL Broadband, Vodafone, Kimberley Clark and BP, Pearson, City & Guilds and HCL. Derek has also introduced the option-based consultation model for the effective involvement of the representatives of employees, be they union or non-union in identifying opinions and influencing the decision making process at a strategic level within organisations. Described by Keith Sisson, Emeritus Professor of Industrial Relations at Warwick Business School as a ‘landmark in UK industrial relations’, Derek has been busy training managers and employee representatives in option-based consultation in organisations like the Healthcare Commission, Standard Life, Bank Of Ireland, United Welsh Housing and many others. Derek leads the IPA’s influential Best Practice Network and, with them, developed the “15 Strategic Questions” that have proved popular with representatives and senior managers alike. He is also the author of “The 5 Key Steps To Employee Engagement”, published in 2007, which explores the unique role representatives can play in ensuring staff lose the cynicism that blocks engagement. He was a key player in developing a framework for flexible working in Legal & General and was responsible for the training of both managers and union representatives in how the concept should work in practice. A new anti-harassment and bullying procedure was established during his term of office together with improved grievance and disciplinary processes.

• Perceptions – TU strengths & weaknesses
• Strategic planning: Core Business Objectives: Identifying the actual issue from the 'noise'
• How to prepare for a negotiation using principles: 15 questions & their multiple uses including : 
• Dealing with confrontation 
• Moving away from point-scoring to constructive dialogue and building shared outcomes 
• Supporting representatives facing issues with members 
• Effectively managing media & communications issues
• Strategy & Implementation: How do you use models to aid negotiation? 
• A detailed insight: How does the negotiation process work? 
• How can this be practically applied in the workplace?
• Option-based negotiation model: Decision making timescales – in the moment vs. considered
• Ensuring best outcomes & better operations: focussing on the acceptable implementation of organisation's policies
• Interest-based negotiation model: Making progress when the scope for negotiation is extremely limited
  
  

Afternoon tea break

MASTERCLASS II – NEGOTIATION SCENARIO EXERCISE – TOUGH TRADE UNION SITUATIONS

Derek Luckhurst

Training and Development Director
IPA

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Derek Luckhurst

Training and Development Director , IPA

Derek Luckhurst has been the Training & Development Director of the IPA (Involvement And Participation Association) since December 2000 responsible for consultancy services. Previously he was the Manufacturing, Science And Finance Union’s National Secretary for Legal & General since 1996. He was instrumental in the establishment of a breakthrough partnership agreement, which was signed at L&G in 1997. At IPA he has developed partnership workshops for the Inland Revenue, the Audit Commission, Royal Fleet Auxiliary, Aintree NHS Trust, Bolton NHS Trust and Santander. In conjunction with the workshop, he has written a partnership induction programme specifically tailored for people working on partnership initiatives. He is the author of “A Practitioner’s Guide To Sustaining Industrial Partnership” published by the IPA with DTI support in 2004, updated and re-published in 2011. He also wrote a Staff Representatives’ Handbook, which has been commissioned by Sanctuary Housing, Halfords, BP, Coral Racing and Avon Cosmetics. He has worked with many organisations helping them with employee relations including United Welsh Housing Association, Steria, Standard Life, Santander, Norwich Union, Royal College Of Surgeons, The General Medical Council, The Prince’s Trust, Egg, Blue Arrow, Royal National Institute For Deaf People, Bank Of Ireland UK Financial Services, The Independent Police Complaints Commission, The Healthcare Commission, Avon Cosmetics, The Royal Fleet Auxiliary, The National Asthma Campaign, National Grid, Peabody Trust, British Bakeries, The Employers Organisation, Pizza Express, The Communication Workers Union, The Post Office, De La Rue Cash Systems, Peabody Housing, Corps of Commissionaires, The Cancer Research Campaign, South East Water, Inland Revenue, Eurotunnel, Siemens, Pfizer, Terrence Higgins Trust, Electoral Reform Services, Opportunity Links, Kelloggs, the CBI, Skandia, AOL Broadband, Vodafone, Kimberley Clark and BP, Pearson, City & Guilds and HCL. Derek has also introduced the option-based consultation model for the effective involvement of the representatives of employees, be they union or non-union in identifying opinions and influencing the decision making process at a strategic level within organisations. Described by Keith Sisson, Emeritus Professor of Industrial Relations at Warwick Business School as a ‘landmark in UK industrial relations’, Derek has been busy training managers and employee representatives in option-based consultation in organisations like the Healthcare Commission, Standard Life, Bank Of Ireland, United Welsh Housing and many others. Derek leads the IPA’s influential Best Practice Network and, with them, developed the “15 Strategic Questions” that have proved popular with representatives and senior managers alike. He is also the author of “The 5 Key Steps To Employee Engagement”, published in 2007, which explores the unique role representatives can play in ensuring staff lose the cynicism that blocks engagement. He was a key player in developing a framework for flexible working in Legal & General and was responsible for the training of both managers and union representatives in how the concept should work in practice. A new anti-harassment and bullying procedure was established during his term of office together with improved grievance and disciplinary processes.

Delegates will have the chance to put what they have learnt throughout the day into practice and develop their negotiation skills and approaches in this valuable training exercise. Attendees will receive detailed feedback including lessons learnt from other examples and insight into how we can get tricky negotiations right. 

Wrap up & outstanding questions

End of workshop