Social partners agree telework guidance

In August 2003, the UK's Department of Trade and Industry published guidance on telework agreed by the CBI, TUC and CEEP UK. The move is in response to the July 2002 agreement on this issue between the EU-level social partner organisations.

The Confederation of British Industry (CBI), the Trades Union Congress (TUC) and CEEP UK- the British affiliates of the European social partner organisations, the Union of Industrial and Employers’ Confederations of Europe (UNICE), the European Trade Union Confederation (ETUC) and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) - have agreed a document giving guidance on telework. Talks between the three organisations were prompted by the July 2002 agreement on teleworking between their European-level counterparts (EU0207204F), and were held under the auspices of the Department of Trade and Industry (DTI), which published the agreed guidance in August 2003.

The EU-level framework agreement on telework was the first cross-industry agreement between the social partners which was not intended to be given statutory backing in the form of an EU Directive under the 'social chapter' of the EU Treaty. Instead, its provisions are to be implemented by the national member organisations of the signatory parties 'in accordance with the procedures and practices specific to management and labour in the Member States'.

The joint text agreed by the CBI, TUC and CEEP UK is organised along the same lines as the EU-level agreement, covering aspects such as the voluntary character of telework, employment conditions, health and safety and the organisation of work. In most areas the UK guidance elaborates on the application of the EU-level agreement’s provisions in the light of UK law and practice - for example, pointing out that under UK rules on flexible working (UK0304104F) working parents are entitled to request changes in their working patterns for childcare reasons, which may include teleworking. In two areas covered by the EU-level agreement - 'equipment' and 'collective rights issues'- the EU-level agreement’s provisions are reproduced without further amplification. In addition, the UK guidance also provides information on the taxation implications of teleworking.

In the UK, where there are no established arrangements for agreements at national level between the peak employer and trade union organisations, and collective bargaining is both highly decentralised and limited in its coverage, the implementation of the EU social partners’ agreement is likely to be an uncertain and fragmented process. The UK guidance is intended by the signatory parties to 'provide a useful checklist of issues to consider when implementing teleworking and explain how the text of the European agreement might best operate in the context of the UK labour market. Management and employee representatives can use this guide to draw up company-specific policies on teleworking.' However, its precise status is the subject of differing interpretations. In their introductions to the document, the leaders of both the TUC and CEEP UK refer to it as an 'agreement', whereas the CBI director general uses the description 'voluntary, non-binding guidance'.

The government and three signatory organisations are expected to stage a public launch of the guidance in autumn 2003. The TUC says that it is 'committed to making this agreement work in practice and we will be promoting it to all our affiliated unions and including it on our website'. The TUC will be encouraging unions to use it as the basis for agreements with employers, including at sectoral level where appropriate.