Right to time off

Trade union representatives who are certified to accompany a worker at a disciplinary or grievance hearing are entitled to a reasonable amount of paid time off under the “time off for carrying out trade union duties” provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

The Acas Code of Practice on time off for trade union duties and activities confirms that this applies whether or not the rep belongs to a recognised union, but that they and the worker being accompanied must be employed by the same employer.

If a lay rep agrees to accompany someone employed by a different employer, time off is a matter for negotiation.

An employee acting as a companion for a co-worker employed by the same employer is entitled to paid time off during working hours for this purpose (section 10(6) ERelA 99).

The Acas guide recommends that time off should include time not only to attend the hearing, but also to familiarise themselves with the case and confer with the worker before and after the hearing.

It also says that employers should consider allowing reps time off for training for this purpose.