Time off for trade union duties and activities - a guide to facility time (August 2017)

Chapter 3

Who is entitled to time off?

[ch 3: page 21]

TULRCA states that to be entitled to time off for trade union duties and activities, an individual must be:

• an employee, working under a contract of employment for the employer, regardless of hours worked or the duration of employment;

• a union official, defined in section 119 as an officer of the union, or the branch, or anyone elected as a representative according to union rules;

• a member of an independent union; and

• in a workplace where the union is recognised.

The duties for which the time off is claimed have to relate to the employee’s own employer and not an associated employer.

Supporting contracted-out members

Unions point out that it is an important issue for reps to be able to support members whose jobs have been contracted-out. Public service union UNISON argues that the core employer should be encouraged to allow flexibility and let reps use facility time to represent members who work in contracted-out sections of the business.

UNISON has said that branches may have to consider funding a part of their rep’s time so that they can assist members working for non-core employers but in the long-term this issue will have to be addressed with an “organising approach”.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.