Safety reps’ legal rights to paid time off

Regulation 4(2) of the SRSCR says that all safety reps have the right to be paid for the necessary time off work to carry out their safety functions and to undergo union or TUC training courses. Paragraphs 32-35 of the SRSCR contain guidance about the requirement to give paid time off to enable safety reps to train. It emphasises that the length of training required “cannot be rigidly prescribed”.

As well as training on the legal requirements of the role, the kinds of hazards in the particular workplace and measures to respond to them and the health and safety policy and practice of the employer, “safety reps will need to acquire new skills in order to carry out their functions, including safety inspections, and in using basic sources of legal and official information and information provided by or through the employer on health and safety matters” (page 17 of the Brown Book). Training should be proactive and on-going in order to keep up to date with planned changes in the workplace.

Many safety reps have experienced difficulties in exercising their right to paid time off, particularly for attending training, so it is important to be aware of cases establishing the law in this area.

Where an employer fails to provide paid time off, the safety rep’s remedy is to apply to the employment tribunal (Regulation 11(1) SRCSCR Regulations). An application must be made within three months of the date when the failure occurred.