Time off for trade union duties
Information on facility time - taking time off for trade union duties
Information on facility time - taking time off for trade union duties
ACAS (Arbitration, Conciliation Advisory Service) has produced a Code of Practice relating to Paid Time off to undertake Trade Union Duties.
This states: Employees who are officials of an independent trade union recognised by their employer are to be permitted reasonable time off during working hours to carry out certain trade union duties. An official is an employee who has been elected or appointed in accordance with the rules of the union to be a representative of all or some of the union's members in the particular company or workplace.
Officials are entitled to time off where the duties are as follows...
Examples of trade union duties
• Negotiations with the employer about matters which fall within section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) and for which the union is recognised for the purposes of collective bargaining by the employer; or
• any other functions on behalf of employees of the employer which are related to matters falling within section 178(2) TULR(C)A and which the employer has agreed the union may perform. Trade Union Duties Defined….. (a) Terms and conditions of employment, or the physical conditions in which workers are required to work.
Examples could include:
• Pay
• Hours of work
• Holidays and holiday pay
• Sick pay arrangements
• Pensions
• Learning and training needs
• Equal opportunities
• Notice periods
• The working environment
• Operation of digital equipment and other machinery;
(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers. Examples could include:
• recruitment and selection policies
• human resource planning
• redundancy and dismissal arrangements;
Elected representatives of recognised trade unions are entitled to access training provided by or approved by their trade union provided that training is relevant to the carrying out of Trade Union Duties.
Trade Union Duties are distinct from Trade Union Activities, for which, whilst there is a right to have time off, there is no such right for that time to be paid, although many employers do consider payment..
Examples of trade union activities
• attending workplace meetings to discuss and vote on the outcome of negotiations with the employer. Where relevant, and with the employer’s agreement, this can include attending such workplace meetings at the employer’s neighbouring locations.
• meeting full time officers to discuss issues relevant to the workplace
• voting in union elections
• having access to services provided by a Union Learning representative.
• branch, area or regional meetings of the union where the business of the union is under discussion
meetings of official policy making bodies such as the executive committee or annual conference
meetings with full time officers to discuss issues relevant to the workplace
