3. The rights of Union Learning Representatives (ULRs)

The law

Section 168A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 92) states that an employer has to permit a learning representative of an independent recognised trade union a reasonable amount of time off with pay to carry out their activities as a learning rep.

Agreeing time off arrangements

New reps, particularly new union learning representatives (ULRs) may initially lack understanding of their new roles, leading to duplication of functions with their employers. To avoid this, the Acas Code of Practice on Time off for trade union duties and activities (2010) recommends that there should be “agreed arrangements.”

These should specify how reasonable time off arrangements for activities and training will work (paragraph 4). The Code also recommends (paragraph 17) that ULRs liaise with employers to ensure that their respective training activities complement one another so that the scope for duplication is minimised.

The TUC recommends that learning agreements be negotiated with employers to formalise arrangements including access time and facilities. Given that ULRs have statutory rights, it is likely that formal agreements have since substantially increased. The Acas Code says that to take account of the variety of circumstances and problems which can arise, there are positive advantages for unions and employers to establish formal agreements on time off. And a learning agreement can also form the basis of a learning agenda for your workplace by including some of the following:

• a commitment from both parties to lifelong learning;

• the number of learning reps and how the union will appoint them;

• the amount of paid time off for learning reps to carry out their duties, and undertake training;

• type and form of training;

• the amount of time off permitted for access time for union members to engage with their ULRs and when it can be paid time off;

• the procedure for requesting time off;

• the procedure for resolving disputes over time off;

• payment for time off and whether payment can be made to shift and part-time employees undertaking trade union duties outside their normal working hours;

• facilities for learning reps such as a room to conduct interviews, use of telephone, electronic mail, internet, notice boards and so on;

• the establishment of a joint learning committee comprising equal numbers of union and employer representatives;

• the undertaking of learning needs surveys;

• regular promotional activities regarding learning;

• regular dissemination of information on training and learning opportunities; and

• access to training provision.

Qualifying as a learning representative

A union learning representative (ULR) is someone appointed or elected by the union in accordance with its rules and certified by the union as having met the training conditions. This means you have to have undergone sufficient training to carry out the activities the union expects of its reps.

To get the right to time off your union has to have given your employer notice in writing that you are a learning rep. And it has to indicate that you have met the training conditions to be a learning rep. This means you have to be sufficiently trained either when the union notifies the employer that you are a ULR or within six months of that notification. Until you are sufficiently trained there is no right to paid time off, including no right to paid time off for training.

To satisfy the training requirement you have to be able to demonstrate to your union that you are competent in one or more of the activities of a union learning rep (see below). You can do this either by completing a TUC or union course or by showing that you have previously gained the relevant expertise to operate as a ULR. This could be expertise gained in teaching, training, counselling, providing careers advice or other relevant training, including on the job training.

The Acas Code (paragraph 29) recommends the union give your employer details of the training you have completed together with any previous relevant training. If you still have to complete your training for the role, the six months can be extended with the agreement of the employer, to take account of any significant unforeseen circumstances like ill-health, pregnancy, bereavement or unavoidable delays in setting up a suitable training course.

All ULRs can access training for their role through courses provided by the TUC and individual unions. The TUC provides training based on three core units:

• front-line advice and guidance;

• identifying learning needs; and

• working with employers.

ULR training should be TUC approved or approved by an individual union. This means TUC or union training that is independent from your employer. Whatever additional opportunities either your employers or providers offer, it is essential that you find out the TUC or individual union approach to learning and skills on a TUC or union training course.

Defining a union learning rep’s activities

The activities of a union learning rep include:

• assessing learning or training needs (for example, knowing about the various ways in which an individual’s educational goals can be identified);

• providing information and advice about learning or training matters (for example, awareness of current opportunities and any additional support available for accessing those opportunities);

• setting up and supporting learning or training;

• promoting the value of learning or training (for example, thinking about how learning agreements can be developed);

• consulting the employer about the above activities;

• preparing to perform the above activities; and

• undertaking appropriate training.

As a learning rep you will not have to carry out all of these activities as long as you carry out one or more of them. The activities of learning reps can in fact be divided between more than one rep. Paragraph 16 of the Acas Code recognises that “the roles and responsibilities of ULRs will often vary by union and by workplace”. However, these activities have to be carried out for the benefit of employees covered by a recognition agreement with the union.

Paid time off rights are limited to these activities alone. There is no right to paid time off to take part in other activities of the union not directly connected with union learning. You cannot use the fact that you are a ULR to get the right to time off for other union activities unless you separately qualify for that right.

Your learning agreement should include the activities for which paid time off is agreed. Examples of what ULR activities could involve include:

• finding whether any union members have problems in reading instructions, speaking up at meetings or understanding health and safety rules, and then working with providers and employers to provide appropriate training on or off site;

• giving initial advice on NVQs or on-line courses to union members who may never have done any formal learning since leaving school, and advising on how these opportunities can be shaped to meet existing needs;

• mentoring young workers who are in formal training such as Modern Apprenticeships;

• explaining what the Investors in People standard involves to a meeting of employees and how it might benefit them;

• encouraging members to concern themselves with their own continuing personal and professional development;

• negotiating paid time off with employers for employees to train — whether it be to ensure they have the basic skills needed to gain other qualifications or to access continuing professional development; and

• negotiating any training required when employees are facing redundancy to prepare them for new employment opportunities.

Time off for training

It is only after you have been certified as being a learning representative that the right to paid time off for training applies. Section 168A(7) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 92) says that it is only where an employee has met the conditions for time off to act as a learning rep, that the right to time off to undergo training relevant to the functions of a learning rep applies. Paragraph 32 of the Acas Code says that consideration should be given to allowing ULRs reasonable time off to develop their skills and competencies, for example to extend the number of activities for which they are competent.

The training has to be approved by the TUC or by your own union. The Acas Code (paragraph 33) says that while it is not a legal requirement “there would be clear advantages” for the employer and employee alike if the training leads to a recognised qualification standard.

A proportion of the funding awarded to the Union Learning Fund was earmarked by the government to be specifically aimed at union workplace projects improving basic skills. A workplace learning agreement should include reasonable time off to develop skills enabling the ULR to advise on as broad a range of learning and training areas as possible, including basic skills.

Members’ rights of access

Although ULRs have the right to paid time off to carry out their activities, those on whose behalf the activities are carried out have no right to paid time off. TULR(C)A 92 makes it clear that there is no right to paid time off for having access to the services of a ULR.

So while an employee (who is a member of an independent and recognised trade union) is permitted to take time off during working hours for the purposes of accessing the services of a ULR, there is no obligation on the employer to pay such employees for the time spent on accessing such services.

As such, ULRs will need to negotiate an amount of time off which allows access for union members to meet with the ULRs to receive advice and information, and when this could be paid time off. This can be included in a workplace learning agreement.