Time off for representatives

Reps are entitled to reasonable paid time off for consultation over collective redundancies. Union reps are entitled to reasonable paid time off for certified training in the role.

Where unions are recognised, this right is found in section 168(1)(b) of TULRCA.

Where there is no recognised union, rights to time off for appropriate representatives are provided by section 61 of the ERA 96. This gives appropriate representatives, or candidates for election as appropriate representatives, the right to “reasonable time off” during working hours to perform their functions as a representative or candidate, or to undergo training to perform such functions (section 168(2) TULRCA).

There should be paid time off for:

• candidates to canvass for their election;

• pre-meetings and side-meetings of elected representatives to determine policy;

• meetings with affected employees to canvass views;

• training in the law and industrial relations practice on redundancies, should the representatives feel it is necessary; and

• meetings with the employer.

Time off for both kinds of rep is paid “at the appropriate hourly rate”. This is normally the weekly rate divided by the weekly contractual hours. There are special rules for calculating the hourly rate where weekly pay varies.