Right to time off for training

In workplaces without union recognition, there is no specific statutory entitlement to time off for training to act as a companion, although it is arguable that it is implicit from sections 10-12 of the ERA 99 (especially the right to be represented by a union rep with appropriate training or experience) that there should be reasonable paid time off for training. This is also in the employer’s interests, as it will improve the quality and effectiveness of the process.

In workplaces where the union is recognised, section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) gives reps the right to paid time off during working hours to undergo appropriate authorised training relevant to their duties.

In 2010, Acas published a revised Code of Practice on time off for trade union duties and activities which is free to download from its website at: www.acas.org.uk. Section 168(3) of TULRCA says that the Code should be used to decide what amounts to “reasonable” time off. The Code makes it clear that training should be “in aspects of employment relations relevant to the duties.”

The Code recommends that employers consider releasing new reps for initial training in basic representational skills “as soon as possible after their election or appointment”, bearing in mind that suitable courses may be infrequent. A good workplace procedure agreement will provide for release for this training within a defined period, for example, the first three months.

More guidance on this can be found in the LRD booklet Time off for trade union duties and activities (2010), price £5.75 www.lrdpublications.org.uk/publications.php?pub=BK&iss=1526