LRD guides and handbook August 2017

Time off for trade union duties and activities - a guide to facility time

Chapter 8

Facilities for other reps

[ch 8: page 57]

Just as the Acas Code recommends facilities for union reps, UnionLearn’s Working for learners guide suggests that a learning agreement should provide for ULRs to have access to suitable facilities such as office space, filing cabinets, stationery, access to electronic equipment including email and noticeboards.

As Acas points out, these provisions are statutory rather than voluntary for reps being consulted on redundancies or TUPE. The employer has to afford reps “such accommodation and other facilities as may be appropriate” in consultations of that kind.

There is also a statutory requirement for facilities for union safety reps. Here the employer must provide “such facilities and assistance as safety representatives may reasonably require for the purpose of carrying out their functions” (section 4A of the Safety Representatives and Safety Committees Regulations 1977) and for representatives of employee safety (ROES). Offshore safety representatives and safety committees must be provided with the necessary accommodation, communication facilities and office supplies (HSE guidance).

Reps fulfilling a dual role should ensure they are getting access to the facilities they are entitled to as safety reps.