Union Learning Reps

your rights as a Union Learning Rep

In the past ULRs have had difficulty in obtaining time off from employers to carry out their duties and to train for them. That is why the TUC and its unions persuaded the government to introduce statutory recognition that gives ULRs similar rights to union representatives as a whole.

The Employment Act 2002 gives rights to paid time off to ULRs provided:

• they are in independent unions - such as those affiliated to the TUC

• are in workplaces where unions are recognised by the

• employer for collective bargaining purposes

The rights to paid time off for ULRs are:

• to carry out their duties

• to train for such duties

Union members needing to access their ULR* have the right to do this in work time but the employer does not have to pay them during this time.

The way these rights can be implemented is set out in the ACAS Code of Practice on Time Off for Union Representatives.

The following provisions need to be observed if the ULR is to secure paid time off:

• the union needs to let the employer know in writing the name of the appointed ULR

• the ULR needs to be sufficiently trained to carry out his/her duties either at the time of the notice or in

• normal situations within 6 months

• whether training is 'sufficient' is determined by the union and should cover the functions set out in the Employment Act. It need not lead to a qualification although that would be desirable. The employer would have to pay for the time that the ULR is trained

• the union/ULR should inform the employer either of the training undergone or to be undertaken

Once the employer is notified of the ULR, his/her past training or intention to train, then the employer is obliged to recognise the ULR by providing paid time off to carry out the duties and in respect of any required further training.

The amount and frequency of the time off has to be 'reasonable' in all circumstances.

For example, when a ULR arranges to have a meeting with members it must be at a time which does not undermine the safety and security of other workers in the production process.

Employers also need to be reasonable and ensure that ULRs are able to engage with hard-to-reach groups such as shift workers, part-time staff and those employed at dispersed locations.

ULRs should provide management with as much notice as possible of the purpose of the time off, the location and the timing and duration and the contents of any training course.

Employers should consider making available facilities necessary for ULRs to perform their functions such as rooms for meetings/interviews, office space and the use of electronic access such as the Internet and emailing.

When a union feels that an employer is being unreasonable and refusing to grant paid time off for ULR duties or training, or enabling union members to access ULR services then the union can make a complaint to an Employment Tribunal. A formal agreement between a union and an employer on time off can avoid misunderstanding and ensure fair and reasonable treatment.

It could specify:

• the amount of time off permitted

• the occasions on which time off can be taken

• in what circumstances time off will be paid

• to whom time off will be paid

• the procedure for requesting time off

• the facilities available

Briefing document (600 words) issued 12 May 2004

Occupational Health and Wellbeing in the workplace
18 January 2012

Trade Union Education in Preston Provided by Manchester College
13 January 2012

Union rep courses Scotland – January to June 2012
22 December 2011

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London WC1B 3LS

Telephone 020 7079 6920
Fax 020 7079 6921
Email ulweb@tuc.org.uk

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