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 to 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”. 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 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, and to be aware of the threat to facility time (not yet in force) from the new Trade Union Act 2016 (see page 57).


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.