Agenda for Change and soft facilities management contracts

In October 2005, NHS Employers endorsed a joint statement with the Department of Health, trade unions and representatives of private contractors that aims to give soft facilities management staff (for example porters and cleaners) pay and conditions equivalent to Agenda for Change.

Following the announcement on 2006/7 reference prices, NHS Employers and the Department of Health issued a joint letter setting out the next steps in implementing the agreement.

The joint statement is available on the Department of Health's website. A best practice guide, Implementing Agenda for Change for NHS contractors' staff in England, is also available on the Department of Health's website.

Frequently asked questions on Agenda for Change and soft facilities management are available on our website, and we have also issued a briefing to support employers in implementing these provisions.

How can ACAS help?

The joint statement provided for a dispute resolution procedure which can include appointing an independent person from the ACAS (Advisory, Conciliation and Arbitration Service) list of arbitrators.

ACAS can become involved at an earlier stage if discussions are proving difficult and are heading towards dispute or if discussions are difficult to arrange and this in itself is the cause of a potential dispute.

Collective conciliation

This is available where the parties are in or heading towards dispute. It is entirely voluntary so all sides must agree to ACAS' involvement. ACAS will discuss the dispute with all parties and agree how they can help.

This involves:

• Identifying the issues
• Finding common ground
• Holding meetings separately and together to find out how much room there is for negotiation
• Seeking an agreement which will resolve the dispute

Collective arbitration and mediation

This is the role already envisaged in the joint statement whereby ACAS appoints an independent person with clear terms of reference who will make recommendations for resolving the dispute. The difference between the two is that in arbitration the parties have agreed in advance that they will accept the recommendations, in a collective mediation they have agreed to seriously consider the recommendations.

There is no charge for either service and both are available through ACAS' network of regional offices.

How to find out more

If you would like to know more please contact Gill McCarthy, Area Director, ACAS NW on 0161 833 8503 gmccarthy@acas.org.uk who will put you in touch with a local conciliator who can discuss the help available. Contacting ACAS is entirely confidential and they are happy to respond to tentative enquiries and run through the options available.