Union time off rights

Union reps who are employees of an independent recognised union have a day one right to reasonable paid time off to carry out union duties (section 168, TULRCA). This is known as “facility time”. There is often a formal facility agreement setting out agreed rules for time off, including how much time off, for what purpose(s).

It is very important to keep a careful record of facility time — how time is used and for what purpose, to show to the employer if challenged. Your union will have its own procedures for recording facility time. The main categories that qualify for statutory time off rights include:

• safety rep duties;

• union learning rep learning and skills duties;

• collective bargaining;

• information and consultation, including collective redundancies and TUPE; and

• representing members at disciplinary and grievance meetings (and any other meetings where representation is allowed at the relevant workplace).

Enough time off should be allowed to include reasonable time for research, preparation, consultation and keeping adequate records, as well as attending meetings.

Some workplaces also have agreements for paid time off for equality reps and green reps. These are not statutory rights.