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

Chapter 5

The law

[ch 5: page 34]

Rights to time off for union learning were added to Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA, section 168A) in 2002. TULRCA states that the amount of time off an employee is permitted to take, and for which purposes, are those that are “reasonable in all the circumstances”. That means members of an independent trade union recognised by the employer must be permitted time off during working hours to carry out the activities of a ULR provided that the employer has been given notice and the training conditions (see below) are met.

Under section 170 a person is a learning representative of a trade union if they are appointed or elected in accordance with the union’s rules, and if they carry on the activities of a ULR (in line with section 168A). They should be paid in accordance with section 169 (see page 22) and their working hours are defined in the same way.


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