TIME OFF FOR TRADE UNION DUTIES

Introduction
The right to reasonable paid time off to carry out trade union duties or attend training courses is needed by every union rep. To assert your rights you need to know what your agreement says, and what the law says. (Safety Reps time off is covered elsewhere by the law, and so is not dealt with in this briefing)

Time Off Agreements
A good time off agreement will provide clear rights on when, how much and why paid time off can be taken, as well as the procedure for requesting time off. From a trade union point of view this should cover all union duties, training and activities (including any unpaid activities).

If you do not have an agreement, or simply rely on custom and practice for taking time off, you should check that you are getting at least what is allowed by law.

So What Does the Law Say?
The Trade Union and Labour Relations (Consolidation) Act 1992 says that union lay officials, including shop stewards, staff reps and branch secretaries have the right to reasonable time off with pay (based on hourly average earnings) for:

  • carrying out trade union duties
  • undergoing relevant training on approved union education courses

ACAS Code of Practice
To help unions and employers, there is a Code of Practice (revised in 1997) on time off produced by ACAS (Advisory, Conciliation and Arbitration Service). It is not actually a law, but it provides guidance which will be used by an Employment Tribunal to determine "reasonableness".

Time Off for Doing What?
The law says that paid time off need only be given for duties and training.

Trade union duties are those concerned with negotiations with the employer.

However it is important to remember that under the current law, time off is available only if:

  • the employer recognises the union in respect of the negotiation matter for the purposes of collective bargaining, or
  • is some other function related to the negotiations which the employer has agreed may be performed by the union.

So if a union is recognised for individual grievances only, a rep could, quite lawfully, be refused time off unless it related to such a grievance.

The Code of Practice says that it is reasonable to ask for paid time off to do things such as:

  • prepare for negotiations
  • inform members of progress
  • explain outcomes to members
  • prepare for meetings with the employer

How Much Time Off?
As we have said already, the law says the amount off must

  • be reasonable in all circumstances, and
  • take note of the ACAS Code of Practice on time off so taking into account things like the size of the employer and the number of workers.

Part-Timers
A ruling of the European Court laid down that when exercising time off rights, part-timer should be paid for the same number of hours as a full-time employee. This means that is a part-time employee takes part in a course with hours that are longer than the employees' contractual hours, then he/she is still entitled to the same level of pay as full-time employees. Unfortunately, the EAT has interpreted this ruling in a very narrow sense and has ruled that it does not cover a part-time employee attending a union conference (Manor Bakeries v Nazir - 1996).

UNION REPS CHECKLIST

Your Agreement...

  • Is there a written agreement on paid time off?
  • Does the agreement need updating?

If You Are Having Problems...

  • Have you checked the Code of Practice?
  • Does your employer know about the law?
  • Is your job really important to the production process or the service provided?
  • Is your job really vital to safety and security?
  • Is there really a heavy workload all the time?
  • Is your employer being unreasonable?

Asserting Rights...

  • Is it time to take a grievance?
  • Can your full time officer help?
  • Do you have a case to take to an Employment Tribunal?

Further Reading

  • Sections 168-172 Trade Union and Labour Relations (Consolidation) Act 1992
  • ACAS Code of Practice Time off for Trade Union Duties and Activities (1991, revised 1997) - Tel 01455 8252225
  • The Law at Work, pages 39-41 (LRD) May 1998
    Labour Research Department (LRD), 78 Blackfriars Rd, London SE1 8HF - Tel 0207 928 3649

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