Motion 80
Drop the Discretion Clause
“That this Congress notes that NHS employment policies regularly include clauses usually worded ‘at the Manager’s discretion’. These can be used to invalidate governance policies which might otherwise be balanced and fair. The clause renders the whole policy meaningless, as the decision is simply ‘up to the manager’. This management tool is ubiquitous, but most commonly found in policies that can ‘give’ something to the member, such as Special Leave.
“Congress believes:
- that these clauses allow managers to choose whether or not to apply the policy, or some part of it. This results in members being treated differently, and leads to allegations of discrimination where members have protected characteristics.
“Congress calls on the General Council to encourage affiliates to be vigilant in regard to these policies, and to consider the option to refuse to sign or agree policies with this clause.”
Mover: Hospital Consultants & Specialists Association
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