Right to time off for training

In workplaces without union recognition, there is no specific statutory right to time off to train as a companion, although this is arguably implicit in sections 10-12 of the ERA 99, especially the right to be represented by a union rep with appropriate training or experience. This is also in the employer’s interests, as it improves the quality and effectiveness of the process.

In workplaces where the union is recognised, section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) entitles reps to paid time off during working hours for appropriate authorised training relevant to their duties.

There is an Acas Code of Practice on time off for trade union duties and activities which tribunals must use to decide what is reasonable time off (section 168(3), TULRCA). The Code says that training should be “in aspects of employment relations relevant to the duties.” It recommends that employers consider releasing new reps for initial training in basic representational skills “as soon as possible after their election or appointment”, remembering that suitable courses may be infrequent. A good workplace agreement will provide for release for this training within a defined period, for example, the first three months.

Unionlearn, the TUC’s learning and training organisation, provides courses for reps on individual representation, including a course on handling disciplinaries and grievances. Details are available from the website. Training is also provided by individual unions.