Time off for trade union duties and activities
If you are an employee who is a member of a trade union recognised by your employer then you will have certain statutory rights in relation to to taking a reasonable amount of time off work for the performance of union related activities and duties.
Paid time off
If you are an employee and an official of a trade union recognised by your employer then you are allowed to take a reasonable amount of time off, with pay, in your working hours, provided that it relates to issues such as:
- the undertaking of union duties
- negotiating terms and conditions of employment or assisting with disciplinary or grievance procedures on behalf of union members
- consulting with, or receiving information from, employers concerning redundancies and business transfers; or
- undertaking approved union-related training
Additionally, if you are a union learning representative and you have given notice of this to your employer then you are entitled to take reasonable paid time off in order to:
- analyse learning or training needs of employees
- provide information about or promote learning and training
- discuss learning or training with your employer
- undertake training as a learning representative
Unpaid time off
If you are an employee and a member of a recognised trade union then you are entitled to a reasonable amount of unpaid time off work to take part in union activity or to talk to a union learning representative.
If you are a union official, you may also take unpaid time off work to go to a union meeting or conference
So far as industrial action is concerned, whilst it can be regarded as trade union activity there is no right to time off in order to engage in it, although a union official would be entitled to do so in order to negotiate with an employer with a view to avoiding industrial actions.
In all cases where time off work is required, it is essential that the parties act reasonably in relation to the time required. Employers should be provided with as much notice as possible that a person requires time off and they should be informed of how much time is needed and the purpose for which it is required. Representatives should be mindful of the needs of the employer’s business, the need to maintain production and issues of health and safety.
Refusal of time off
If an employer refuses to allow a trade union official to take reasonable time off, or fails to pay the official when required to do so, then the official should first of all attempt to settle the problem direct with the employer but, if he or she fails to do so, can bring a claim against the employer in the Employment Tribunal.
If an employee is sacked for exercising their rights to take time off it will be regarded as unfair dismissal and a claim will be able to be made to the Employment Tribunal.
Contact our Employment Solicitors on 084 4804 4800 for more information.
