Acas: The role of Union Learning Representatives
[ch 4: pages 46-47]ULRs functions for which time off is allowed are:
• analysing learning or training needs;
• providing information and advice about learning or training matters;
• arranging learning or training;
• promoting the value of learning or training;
• consulting the employer about carrying on any such activities;
• preparation to carry out any of the above activities; and
• undergoing relevant training.
In January 2010, employment advisory and conciliation service Acas published a revised code of practice Time Off for Trade Union Duties and Activities — including guidance on time off for union learning representatives (ULRs).
It states that a ULR “is an employee who is a member of an independent trade union recognised by the employer who has been elected or appointed in accordance with the rules of the union to be a learning representative of the union at the workplace”. The union must have given the employer notice in writing that the employee is a learning representative and the training condition is met.
To qualify for paid time off, the ULR must be sufficiently trained to carry out their duties as a learning rep either at the time when their union gives their employer notice that they are a learning rep, or within six months of that date.
ULRs are subject to particular statutory provisions in respect to training. They are required to have been trained to carry out their roles (or show that they will receive appropriate training within six months of appointment). Alternatively, they are required to show they have the relevant expertise and experience to operate in this role.
This prior experience may have been gained from extensive on-the-job training or shadowing an experienced ULR, or come from previous experience in teaching, training, counselling or human resource development. These are qualifying conditions. While undergoing this training ULRs should be allowed to perform their duties.
The ULR’s trade union is required to give the employer notice in writing that the representative will be undergoing the relevant training and tell the employer when it is concluded. In addition, the union must then inform the employer in writing that the representative is now competent to undertake the role. It is good practice for the union to give details of the training provided and any previous experience which should be taken into account.
There may be circumstances where the six-month period to undertake the training will need to be extended, for example, due to unforeseen circumstances such as ill-health, pregnancy, bereavement or unavoidable delays in arranging an appropriate training course.
Time Off for Trade Union Duties and Activities, www.acas.org.uk/media/pdf/n/k/Acas_Code_of_Practice_Part-3-accessible-version-July-2011.pdf