The rules on time off for reps

Union officials are entitled to reasonable paid time off for carrying out union duties in relation to TUPE, under section 168(1)(c) of TULRCA 1992.

Where there is no recognised union, rights to time off for appropriate representatives are provided by section 61 of the Employment Rights Act 1996 (ERA 96). This gives appropriate representatives, or candidates for election as appropriate representatives, the right to “reasonable time off” during working hours to perform their functions as a representative or candidate, or to undergo training to perform such functions (section 168(2) TULRCA).

Either way, there should be paid time off for:

• candidates to canvass for their election;

• pre-meetings and side-meetings of elected representatives to determine policy;

• meetings with affected employees to canvass views;

• training in the law and industrial relations practice on TUPE, should the representatives feel it is necessary; and

• meetings with the employer.

The Acas Code of Practice says reps should have reasonable time off to:

• prepare for negotiations and for consultation;

• inform members of progress; and

• explain outcomes to members.

Employers should give union reps time off, for example, to consult with members and to meet to decide their response to the TUPE information provided by the employer. Reps should also insist on the right to meet with reps from the workplace to which work is being transferred, providing the opportunity to compare notes and to put together a strategy offering the best level of job protection to both sets of workers. Where a service contract is being re-assigned (second generation outsourcing), reps should try, if possible, to negotiate an early meeting with the authority or client commissioning the services.

Reps should argue for TUPE consultation rights at least as good as those recommended by the Acas Code of Practice.

Time off for both kinds of rep is paid “at the appropriate hourly rate”. This is normally the weekly rate divided by the weekly contractual hours. There are special rules for calculating the hourly rate where weekly pay varies.

For more information about facility time, see the LRD Booklet Time off for trade union duties and activities (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1526).