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 regulations contain guidance about the requirement to give paid time off to enable safety reps to train. This emphasises that the length of training required “cannot be rigidly prescribed”. Training should be proactive and ongoing 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 from the Trade Union Act 2016 (see pages 57-58).



In particular, it is very important to keep a log of the amount of facility time used, and what the time was used for, so as to be able to respond effectively if challenged to justify the time spent, and to ensure that there is no “double-counting” of facility time. For more information see LRD’s booklet Time off for trade union duties and activities — a guide to facility time booklet.


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