Draft Code of Practice

Code of Practice on time off for trade union duties and activities (draft)

Published

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Important: This Code of Practice is in draft form for public consultation.

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Contents

Foreword

The Acas statutory Code of Practice on time off for trade union duties and activities is set out in paragraphs 1 to 85 below. This Foreword does not form part of the Code.

Supporting the effective and efficient carrying out of the roles of trade union representatives can benefit employers, workers and trade unions. It can help to:

  • lay the groundwork for early resolution of workplace disputes
  • build trust and boost good workplace relations
  • improve communication and encourage constructive dialogue between employers and trade unions
  • encourage a culture of mutual respect and contribute to healthier and more productive organisations

The Code provides practical guidance to employers, trade unions and workers on the provision of time off for trade union duties and activities. This includes the provision of accommodation and other facilities.

Further advice on the role and responsibilities of trade union and employee representatives is provided in two Acas guides on trade union and employee representation.

Notes

This Code revises the Acas Code of Practice on time off for trade union duties and activities including guidance on time off for union learning representatives. This came into effect on 1 January 2010.

This revised Code is issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). The Code comes into force by order of the Secretary of State on [date to be added]. Under section 199 of TULRCA Acas has a duty to provide practical guidance on:

  • the time off and facilities to be permitted by an employer to a trade union official in accordance with section 168 of TULRCA
  • the time off to be permitted by an employer to a trade union member in accordance with section 170 of TULRCA

Section 199 of TULRCA also provides for Acas to issue practical guidance on time off and training for union learning representatives and union equality representatives.

There are separate statutory rights for trade unions to access employer facilities for other purposes. This Code does not cover these rights. Further guidance on these areas can be found in the Department for Business and Trade's Code of Practice on access and unfair practices during recognition and derecognition ballots (GOV.UK).

A new statutory right will be introduced for trade unions to access the workplace to meet, support, represent, recruit or organise workers and to facilitate collective bargaining. This right is not yet in effect and will be covered in a separate Code of Practice.

A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases.

'Must' and 'should'

Throughout this Code the word 'should' is used to indicate what Acas considers to be good employment practice, rather than legal requirements. The word 'must' is used to indicate where something is a legal requirement.

The Code of Practice

Introduction

1. The purpose of this Code of Practice is to set out guidance on good practice that will aid and improve the effectiveness of relationships between employers and trade unions. This guidance will be taken into account by employment tribunals in relevant cases.

Employers and unions have a joint responsibility to ensure that agreed arrangements work to mutual advantage by specifying:

  • how reasonable time off for union duties and activities, including for relevant training, will work
  • how the provision of accommodation and other facilities, as is reasonable, will work

What is reasonable will depend on the circumstances in each situation, including where relevant, the size, resources and organisational structure of the employer. Factors influencing reasonableness, both when making a request and when deciding whether a specific request is reasonable, are set out in specific paragraphs including 61 to 67, 69 and 72.

Terminology

2. 'Union representative' is used in this Code where the term 'trade union official' is used in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). In practice there is often confusion between an 'official' and an 'officer' of a union and the term 'representative' is commonly used in practice. The full definition of trade union 'official' and 'officer' can be found in section 119 of TULRCA.

3. 'Union representative' means an employee who has been elected or appointed in accordance with the rules of the independent trade union to be a representative of all or some of the union's members. This can be in the particular organisation or workplace, or an agreed group of workplaces where the union is recognised for collective bargaining purposes.

4. 'Union full-time officer' means a trade union official who is employed by an independent trade union to represent members in workplaces, or groups of workplaces, where the union is recognised for collective bargaining purposes.

5. 'Union member' in this Code means a worker who is a member of an independent trade union recognised by their employer.

6. 'Employee' is used where rights apply specifically to those with the legal employment status of employee. 'Worker' is used as a general term where rights apply to anyone with the legal employment status of either employee or worker.

7. 'Union learning representative' and 'union equality representative' mean an employee who is a member of an independent trade union recognised by the employer, who has been elected or appointed into these roles in accordance with the rules of the union.

8. 'Representatives' means union representatives, union learning representatives and union equality representatives.

Time off for trade union duties

9. Union representatives undertake a variety of roles including:

  • collective bargaining
  • working with management
  • communicating with union members
  • liaising with their trade union
  • handling individual disciplinary and grievance matters on behalf of workers

There are benefits for employers, workers and union members in encouraging union representatives to work efficiently. For example, carrying out relevant duties efficiently can help to effectively and quickly resolve problems and conflicts. The role can be both demanding and complex. In order to carry out their role effectively, union representatives must have reasonable paid time off from their normal job in appropriate circumstances.

Entitlement to time off for union representatives

10. Employees who are union representatives of an independent trade union recognised by their employer must be allowed reasonable time off during working hours to carry out certain trade union duties.

11. Union representatives must be allowed reasonable time off where the duties are related to:

  • negotiations with the employer about matters for which the union is recognised by the employer for the purposes of collective bargaining under section 178(2) of the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA)
  • carrying out other functions related to collective bargaining under section 178(2) of TULRCA which the employer has agreed the union may perform
  • the collective redundancy requirements to inform and consult appropriate representatives under section 188 of TULRCA
  • the business transfer requirements to inform and consult appropriate representatives under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
  • negotiations with a view to agreeing new terms and conditions for TUPE transfers where there are insolvency proceedings, under regulation 9 of TUPE
  • carrying out functions related to the making of an agreement under regulation 9 of TUPE

The areas covered by section 178(2) of TULRCA are set out in paragraph 16.

12. Union duties must relate to matters covered by collective bargaining agreements between employers and trade unions. They must also relate to the union representative's own employer unless agreed otherwise in circumstances of multi-employer bargaining, and not, for example, to any associated employer.

13. Union health and safety representatives must be allowed paid time off as is necessary during working hours to perform their functions. This is required by the Safety Representatives and Safety Committees Regulations 1977 regulation 4(2)(a). Further advice on time off provisions for health and safety representatives is provided by the Health and Safety Executive in their approved Code and guidance 'Consulting workers on health and safety'. This is not covered in this Acas Code.

14. Where an independent trade union is not recognised by an employer for the purposes of collective bargaining, employees have no statutory right to time off to undertake any duties. This is except for accompanying a worker at a disciplinary or grievance hearing (see paragraph 31 for further information).

Examples of trade union duties

15. Subject to recognition, or other agreement, union representatives should be allowed to take reasonable time off to carry out duties related to:

  • negotiations for collective bargaining
  • carrying out other functions related to collective bargaining

16. Collective bargaining may include one or more of the following areas:

(a) terms and conditions of employment, or the physical conditions in which workers are required to work. Examples could include:

  • pay
  • hours of work
  • holidays and holiday pay
  • sick pay arrangements
  • pensions
  • learning and training
  • equality and diversity
  • notice periods
  • the working environment
  • operation of digital equipment and other machinery

(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers. Examples could include:

  • recruitment and selection policies
  • human resource planning
  • redundancy and dismissal arrangements

(c) allocation of work or the duties of employment between workers or groups of workers. Examples could include:

  • job grading
  • job evaluation
  • job descriptions
  • flexible working practices
  • work-life balance

(d) matters of discipline. Examples could include:

  • disciplinary procedures
  • arrangements for representing or accompanying workers at internal interviews
  • arrangements for appearing on behalf of union members, or as witnesses, before agreed outside appeal bodies or employment tribunals

(e) trade union membership or non-membership. Examples could include:

  • representational arrangements
  • any union involvement in the induction of new workers

(f) facilities for union representatives. Examples could include any agreed arrangements for the provision of:

  • accommodation
  • equipment
  • names of new workers to the union

(g) machinery for negotiation or consultation and other procedures. Examples could include arrangements for:

  • collective bargaining at the employer or multi-employer level
  • grievance procedures
  • joint consultation
  • communicating with members
  • communicating with other union representatives concerned with collective bargaining with the employer

17. The duties of a representative of a recognised trade union must be related to negotiations or carrying out relevant functions. For example, a representative might seek to take reasonable time off to:

  • prepare for negotiations, including attending relevant meetings

  • inform members of progress and outcomes

  • prepare to accompany a worker to a disciplinary or grievance hearing

18. Trade union duties also involve receiving information from the employer and consultation with the employer where:

  • the duty to collectively consult under the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA) applies
  • the Transfer of Undertakings Protection of Employment Regulations 2006 (TUPE) applies

This includes negotiations with a view to making an agreement during relevant insolvency proceedings under regulation 9 of TUPE.

Entitlement to time off for union learning representatives and union equality representatives

19. Employees who are members of an independent trade union recognised by the employer must be allowed to take reasonable time off to undertake the duties of a union learning representative or union equality representative. The union must have given the employer notice in writing that:

  • the employee is a union learning representative or union equality representative of the trade union
  • the training condition is met (see paragraphs 41 to 50 for further information)

20. In practice, the roles and responsibilities of both a union learning representative and a union equality representative will often vary by union and by workplace. But they must include one or more of the functions set out in paragraphs 21 and 23 relating to that role.

21. The functions for which time off as a union learning representative must be allowed are:

  • analysing learning or training needs at work
  • providing information and advice about learning or training
  • arranging learning or training
  • promoting the value of learning or training
  • consulting the employer about learning or training activities
  • preparing to carry out any of the above activities
  • undergoing relevant training

22. In some cases, it may be helpful if union learning representatives attend meetings about agreeing and promoting learning agreements. It is good practice for learning agreements to set out the commitments made by an employer and union on how they will work together on learning at work. Employers may also see it in their interests to grant paid time off for these representatives to attend meetings with external partners concerned with the development and provision of workforce training.

23. The functions for which time off as a union equality representative must be allowed are:

  • carrying out activities promoting the value of equality at work
  • arranging learning or training relating to equality at work
  • providing information, advice or support relating to equality at work
  • consulting with the employer relating to equality at work
  • obtaining and analysing information relating to equality at work
  • preparing to carry out any of the above activities

24. For the purposes of union equality representatives, equality means:

  • eliminating discrimination, harassment, victimisation, and any other prohibited conduct as defined in the Equality Act 2010
  • advancing equality of opportunity between people who share a relevant protected characteristic and people who do not share it
  • fostering good relations between people who share a relevant protected characteristic and people who do not share it

The relevant protected characteristics as defined in the Equality Act 2010 are:

  • age
  • disability
  • gender reassignment
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

25. Union learning representatives and union equality representatives should co-ordinate with each other on equality training to minimise duplication of work.

26. Many employers have well-established training and development programmes and various equality initiatives for their workers. Union learning representatives and union equality representatives should liaise with their employers to ensure that their activities complement one another to minimise duplication of work.

27. An employer should acknowledge the varying roles of representatives who hold more than one role. For example, where someone is both a union learning representative and a union equality representative, that should be taken into account when considering reasonable time off.

Payment for time off for trade union duties

28. An employer who allows representatives time off for trade union duties must pay them for the time off they have taken. The employer must pay either:

  • the amount that the representative would have earned if they had worked during the time off
  • where earnings vary with the work done, an amount calculated using the representative's average hourly earnings for the work they are employed to do

29. When calculating pay for time off for trade union duties, an employer should take into account the type of payment systems that apply to each representative. For example:

  • shift premiums
  • performance-related pay
  • bonuses
  • commission earnings

Where pay is linked to the achievement of performance targets, an employer may need to adjust targets to take account of the reduced time the representative has to achieve them.

30. There is no legal requirement to pay for time off where the duty is carried out when the representative would not otherwise have been at work. This is unless the representative works flexible hours, such as night shifts, but needs to perform representative duties during normal hours. Part-time employees are entitled to pay if staff who work full time would be entitled to pay. In all cases the amount of time off must be reasonable.

Time off to accompany workers at disciplinary or grievance hearings

31. A worker has the right to be accompanied to a disciplinary or grievance hearing by a union representative. The union representative does not need to work for the same employer as the worker. The union does not have to be recognised by the employer.

Where requested, a union representative must be allowed to take a reasonable amount of paid time off to accompany a worker to a disciplinary or grievance hearing as long as the representative:

  • has been certified by their union as being capable of acting as a worker's companion
  • works for the same employer as the worker

An employer is not legally required to provide paid time off for a certified union representative to accompany a worker from a different employer. Employers and trade unions can make a voluntary agreement allowing for time off to accompany a worker from a different employer.

Training of representatives

32. Training is important for representatives so that they can carry out their duties effectively. Training should be available both to newly appointed and to more established representatives. Joint training and development activities between representatives and managers can be helpful, where resources allow.

Entitlement to time off for training

33. Union representatives of an independent trade union recognised by their employer must be allowed reasonable time off during working hours for training. The training must be approved by the Trades Union Congress (TUC) or by the independent trade union of which the employee is a union representative. The training must also be relevant to the trade union duties for which reasonable time off must be provided. See paragraph 11 for a list of the relevant duties.

34. Employers must allow union health and safety representatives to undergo training in aspects of their functions that is 'reasonable in all the circumstances'. This is required by the Safety Representatives and Safety Committees Regulations 1977 regulation 4(2)(b).

35. Further advice on the training of health and safety representatives is provided by the Health and Safety Executive in their approved Code and guidance 'Consulting workers on health and safety'. This is not covered in this Acas Code.

36. Union learning representatives and union equality representatives must also be allowed reasonable time off during working hours for training relevant to their union functions.

Training union representatives to carry out their duties

37. Training should be in aspects of employment relations relevant to the duties of a union representative. There is no one recommended syllabus for training as a union representative's duties will vary according to:

  • the collective bargaining arrangements at the place of work, particularly the scope of the recognition or other agreement
  • the structure of the union
  • the role of the union representative
  • the handling of proposed collective redundancies or TUPE transfers

38. The training must be approved by the Trades Union Congress (TUC) or by the independent trade union of which the employee is a union representative.

39. Union representatives are more likely to carry out their duties effectively if they have skills and knowledge relevant to their duties. In particular, employers should consider releasing union representatives for initial training in basic representational skills as soon as possible after their election or appointment because suitable courses may be infrequent. Reasonable time off could also be considered, for example:

  • for training to develop the union representative's skills in representation, accompaniment, negotiation, consultation and resolving workplace disputes
  • for training where the union representative has special responsibilities – this can be particularly important for collective redundancy situations and TUPE transfers
  • for training to familiarise or update union representatives on issues reflecting the developing needs of the workforce they represent
  • for training where there are proposals to change the structure and topics of negotiation about matters for which the union is recognised, or where significant changes in the organisation of work are being contemplated
  • for training where legal change may affect the conduct of employment relations at the place of work and may require the reconsideration of existing agreements
  • for training where a union representative undertakes the role of accompanying workers in grievance and disciplinary hearings
  • for training to improve union representatives understanding of the organisation – for example, this could include how the organisation is organised or how the finances of the organisation work

40. Different types of online training related to the role of representatives should be used where available and appropriate. Where online forms of training such as e-learning are available, reasonable time off must be given during normal working hours for representatives to do the training.

Training union learning representatives and union equality representatives to carry out their duties

41. Employees who are members of an independent trade union recognised by the employer must be allowed to take reasonable paid time off to carry out the duties of a union learning representative or union equality representative. To qualify for paid time off, the employee must be sufficiently trained to carry out these duties either:

  • at the time when their trade union gives notice to their employer in writing that they are a union learning representative or union equality representative
  • within 6 months of that date

42. Where sufficient training will be carried out within 6 months of that date, the trade union must:

  • give the employer notice in writing that the employee will be doing this training
  • confirm to the employer when the employee has completed the training

During the 6-month period when they are doing this training, the union learning representative or union equality representative must be allowed time off to perform their duties.

43. The union should confirm in writing that the training is sufficient to allow the union learning representative or union equality representative to carry out their role. It is good practice for the union to give details of the training that has been completed and any previous training that has been taken into account. The 6-month period may be extended, with agreement, to take into account any significant unforeseen circumstances. For example, this might include:

  • prolonged absence from work due to ill health
  • pregnancy
  • bereavement
  • unavoidable delays in arranging an appropriate training course

44. To satisfy this training requirement, an employee needs to be able to demonstrate to their trade union that they have received sufficient training to enable them to operate competently in one or more of the activities set out in paragraphs 45 and 46.

45. For a union learning representative, the areas of activity referenced at paragraph 44 are as follows:

(a) Analysing learning or training needs. Examples could include:

  • understanding the different methods for identifying learning interests or needs
  • being able to effectively identify and record individual learning needs
  • being able to draw up a plan to meet identified learning requirements

(b) Providing information and advice about learning or training matters. Examples could include:

  • the development of communication and interviewing skills
  • knowledge of available opportunities, in order to provide accurate information to members about learning opportunities within and outside the workplace
  • the ability to signpost members to other sources of advice and guidance where additional support is needed, for example, basic skills tutors or in-depth professional career guidance

(c) Arranging and supporting learning and training. Examples could include:

  • obtaining and providing information on learning opportunities, including e-learning where available
  • supporting and encouraging members to access learning opportunities
  • helping to develop and improve local learning opportunities

(d) Promoting the value of learning and training. Examples could include:

  • understanding current employer or other initiatives for developing learning and skills at work
  • promoting the value of learning to members and within trade union networks and structures
  • working with employers to meet the learning needs of both individuals and the organisation, and appreciating the value of learning agreements and how they may be developed

46. For a union equality representative, the areas of activity referenced at paragraph 44 are as follows:

(a) Promoting the value of equality at work. Examples could include:

  • understanding current equality initiatives in the organisation
  • working with employers to raise awareness of equality issues
  • working to identify and remove barriers to workplace equality

(b) Arranging learning or training relating to equality at work. Examples could include:

  • obtaining and providing information on learning opportunities relating to equality, including e-learning where available
  • supporting and encouraging members to access learning opportunities relating to equality
  • helping to develop and improve local learning opportunities relating to equality

(c) Providing information, advice or support relating to equality at work. Examples could include:

  • providing basic advice to members on addressing discrimination and harassment
  • signposting members to other sources of advice, guidance, and support where needed
  • keeping members informed about workplace developments relating to equality

(d) Consulting with the employer relating to equality at work. Examples could include:

  • reviewing policies relating to equality and monitoring their effectiveness
  • considering the impact of policies and procedures on equality at work
  • identifying equality issues and raising them with the employer

(e) Obtaining and analysing information relating to equality at work. Examples could include:

  • monitoring under-representation
  • analysing information about the employer's equality performance through audits and equal pay surveys

47. Where an employee needs to show that they have received sufficient training to carry out their duties competently as a union learning representative or union equality representative, they could either:

  • show they have completed a training course approved by the TUC or by the independent trade union of which the employee is a union learning representative or union equality representative
  • show the relevant expertise and experience they have previously gained

48. Relevant previous experience and expertise could have been gained in areas such as:

  • for union learning representatives: teaching, training, counselling, providing careers advice and guidance, human resource development
  • for union equality representatives: leading staff networks focused on equality, involvement in initiatives to address discrimination and harassment

Periods of extensive on-the-job training and experience gained in shadowing an experienced union learning representative or union equality representatives may also be relevant.

49. An employer should also consider reasonable time off for further training to help union learning representatives and union equality representatives develop their skills and competencies.

50. There can be advantages to both the individual and the organisation if the training either:

  • is of a recognised standard
  • leads to a recognised qualification

Training can still be sufficient if it does not meet these criteria.

Payment for time off for training

51. An employer who allows representatives time off to attend relevant training must pay them for the time off taken. The employer must pay either:

  • the amount that the representative would have earned if they had worked during the time off
  • where earnings vary with the work done, an amount calculated using the representative's average hourly earnings for the work they are employed to do

52. When calculating pay for time off for trade union duties, an employer should take into account the type of payment systems that apply to each representative. For example, payments such as:

  • shift premiums
  • performance-related pay
  • bonuses
  • commission earnings

Where pay is linked to the achievement of performance targets, an employer may need to adjust targets to take account of the reduced time the representative has to achieve them.

53. There is no legal requirement to pay for time off where training is carried out when the representative would not otherwise have been at work. This is unless the representative works flexible hours, such as night shifts, but needs to do training during normal hours. Part-time employees are entitled to pay if employees who work full time would be entitled to be paid. In all cases, the amount of time off must be reasonable.

Time off for trade union activities

54. To operate effectively and democratically, trade unions need the active participation of union members. It is in employers' interests to:

  • enable such participation
  • help to promote effective communication between union representatives and union members

Entitlement to time off for trade union activities

55. An employee who is a member of an independent trade union recognised by the employer must be allowed reasonable time off during working hours to take part in any trade union activity. They must also be allowed to take reasonable time off during working hours to access the services of a union learning representative or union equality representative. This is provided they are services for which the union learning representative or equality representative is entitled to time off.

Examples of trade union activities

56. Examples of trade union activities carried out by union members include:

  • attending workplace meetings to discuss and vote on the outcome of negotiations with the employer – where relevant, and with the employer's agreement, this can include attending meetings at the employer's other locations
  • meeting full-time officers to discuss issues relevant to the workplace
  • voting in union elections
  • accessing services provided by a union learning representative or union equality representative

57. Where the member is acting as a representative of a recognised trade union, examples of activities could include taking part in:

  • branch, area or regional meetings of the union where the business of the union is under discussion
  • meetings of official policy-making bodies such as the executive committee or annual conference
  • meetings with full-time officers to discuss issues relevant to the workplace

58. There is no right to time off for trade union activities which themselves consist of industrial action.

Payment for time off for trade union activities

59. Paragraphs 28 to 30 set out the statutory entitlement to payment for time off to carry out trade union duties.

60. There is no legal requirement that union members or representatives be paid for time off for trade union activities. But employers may want to consider payment in certain circumstances, for example to ensure that:

  • workplace meetings are fully representative
  • employees can use services provided by union learning representatives and union equality representatives

Responsibilities of employers, representatives and trade unions for time off requests

61. Employers, trade unions, representatives and managers should work together to ensure that time off provisions, including training, operate effectively and for mutual benefit. Representatives need to be able to communicate with management, each other, their trade union and workers. To do so they need to be able to use appropriate communication media, accommodation and other facilities.

Amount and frequency of time off

62. The amount and frequency of time off that is reasonable will depend on all the circumstances. All employers must follow the law on time off for trade union duties and activities, without exception.

When seeking or agreeing arrangements for time off, trade unions should take into account any relevant difficulties and operational requirements of an employer. For example, this could include:

  • the size of the organisation and the number of workers
  • the organisation's work processes
  • the need to maintain a service to customers
  • the safety and security of workers and customers

63. Employers should also have in mind the difficulties for representatives and members in ensuring effective representation and communications with, for example:

  • shift workers
  • part-time workers
  • those who work remotely, including working from home
  • those not working in a fixed location
  • those employed at dispersed locations
  • workers with particular domestic commitments including those on a type of family leave or carer's leave
  • disabled workers
  • workers facing language barriers

64. For time off arrangements to work satisfactorily, trade unions should:

  • ensure that representatives are aware of their role, responsibilities and functions
  • inform management, in writing, as soon as possible of appointments or resignations of representatives
  • ensure that representatives receive written confirmation of sufficient training promptly

65. Employers should ensure that, where necessary and feasible, work cover and workload reductions are provided when time off is required. This can include:

  • allocating duties to other workers
  • rearranging work to a different time
  • reducing workloads

Requesting time off

66. Anyone making a request for time off relating to trade union duties or activities should provide management, especially their line manager, with as much notice as practically possible about:

  • the reason for the time off, while preserving personal confidential information relating to individuals in grievance or disciplinary matters
  • the intended location
  • the timing and duration of the time off

67. Representatives should minimise business disruption by being prepared to be as flexible as possible in seeking time off in circumstances where the immediate or unexpected needs of the business make it difficult to provide cover for them. Employers should also recognise the mutual obligation to allow representatives to carry out their duties.

68. Representatives who request paid time off to undergo relevant training should:

  • give at least a few weeks' notice to the employer before the training course
  • provide details of the contents of the training course

69. When deciding whether requests for paid time off should be granted, employers should consider their reasonableness. For example, employers should consider whether adequate cover can be provided. This could be for safety reasons or to safeguard the production process or continue providing a service. Managers and unions should seek to agree a mutually convenient time which minimises the effect on production or services.

Where workplace meetings are requested, consideration should be given to holding them, for example:

  • towards the end of a shift or the working week
  • before or after a meal break

70. Managers should be familiar with the rights and duties of representatives regarding time off. They should be encouraged to take reasonable steps in:

  • planning and managing representatives' time off
  • providing cover or reducing workload
  • taking into account the legitimate needs of union representatives to discharge their functions and receive training efficiently and effectively

71. Employers should consider each application for time off on its own merit. They should also consider how reasonable the request is, in relation to:

  • agreed time off already taken
  • further time off likely to be requested in future

Accommodation and other facilities

72. Employers must provide accommodation and other facilities for representatives to carry out trade union duties, or undergo training, as is reasonable in all the circumstances. This right applies where the representative:

  • is entitled to take such time off
  • has made a request to the employer to provide accommodation and facilities for those purposes

73. What is reasonable to provide may be different depending on all the circumstances. For example, taking the size, resources and organisational structure of the employer into account could be relevant. Where resources allow, accommodation and other facilities should include:

  • somewhere private in the workplace for in-person or online meetings so representatives can meet with union members – for example, to discuss sensitive issues privately
  • access to a telephone and other forms of communication used or allowed in the workplace such as email, intranet and internet
  • the use of noticeboards
  • the use of dedicated office space, where the volume of the union representative's work justifies it
  • confidential space to meet a worker involved in a grievance or disciplinary matter, or to discuss other confidential matters
  • access to members who work at a different location
  • access to computers and other technology to do online training or take part in online meetings

74. In addition to this right, union representatives engaged in duties related to collective redundancies and TUPE transfers have separate rights that entitle them to accommodation and other facilities as appropriate.

75. When using accommodation and other facilities provided by the employer, representatives must comply with agreed procedures around:

  • the use of accommodation and other facilities
  • accessing and using company information

The agreed procedures will be either:

  • procedures agreed between the union and the employer as part of an agreement on time off
  • procedures that comply with general rules applied to all workers in the organisation

In particular, representatives must respect and maintain the confidentiality of information they are given access to where the disclosure would either:

  • seriously harm the functioning of the employer's business interests
  • be prejudicial to the employer's business interests

Representatives will have legitimate expectations that they and their members are entitled to communicate without being monitored by their employer. Employers must respect the confidential and sensitive nature of communications between union representatives and their members and trade union.

Rules concerning the confidentiality of communications involving union representatives should be agreed between the employer and the union.

The disclosure of information for collective bargaining purposes is covered by the Acas Code of Practice on that topic.

Agreements on time off, accommodation and other facilities

76. There can be advantages for both employers and trade unions in establishing agreements on time off, accommodation and other facilities. For example, they can make agreements that reflect their specific situations. This can help take account of the wide variety of circumstances and problems that can arise within an organisation. However, the absence of a formal agreement on time off, accommodation and other facilities does not in itself deny an individual any statutory entitlement. An agreement cannot supersede any legal entitlement to time off or to accommodation and other facilities.

77. A formal agreement can help to:

  • provide clear guidelines against which applications for time off can be determined
  • establish realistic expectations for representatives and managers
  • avoid misunderstanding
  • facilitate better planning
  • ensure fair and reasonable treatment

78. Agreements should specify:

  • the amount of time off allowed for representatives to carry out their duties, recognising that this will vary according to fluctuations in demand
  • occasions on which time off can be taken – for example, meetings with management or other representatives, time needed to prepare for meetings, communicating with members and their trade union, time off for training, including online training
  • in what circumstances time off will be paid
  • arrangements for taking time off at short notice
  • how pay will be calculated
  • who will be paid for time off
  • accommodation and other facilities that will be provided, and any limits to their use
  • how representatives' data will be used and how communications will be kept confidential – including rules for sharing data in exceptional circumstances, for example if needed to investigate suspected illegal activity
  • the role of managers in granting permission for time off and, where appropriate and practical, ensuring that adequate cover or workload reductions are provided
  • the procedure for requesting time off
  • the procedure for resolving grievances about time off

79. It is good practice for agreements to make clear:

  • pay arrangements when time off relates in part to union duties and in part to union activities
  • pay arrangements when employees who work shifts or part time carry out trade union duties outside their normal working hours

80. Agreements for time off, accommodation and other facilities should be consistent with wider agreements related to constituencies, number of representatives and the election of officials.

81. Employers and unions should, from time to time, jointly review the operation of agreements or arrangements covering time off.

82. In smaller organisations, it might be more practical for employers and unions to:

  • reach a mutual understanding on how requests for time off, accommodation and other facilities are made and the relevant factors to consider when requests are made
  • agree flexible arrangements that can be adapted to their specific circumstances

Industrial action

83. Employers and unions have a responsibility to use agreed procedures to settle problems and avoid industrial action. Time off may therefore be allowed for this purpose, particularly where there is a dispute. There is no right to take time off to take part in industrial action. However, where a representative is not taking part in industrial action but represents members involved in industrial action, normal arrangements for time off with pay for representatives should apply.

Resolving disputes

84. There are advantages for employers and trade unions in agreeing ways to settle disputes that involve time off arrangements, training, or access to accommodation and other facilities. Any appropriate procedures to resolve disputes should be followed.

85. Employers and unions should make every effort to resolve any dispute or grievance in relation to time off work for union duties or activities. If a grievance remains unresolved, representatives and union members have a right to complain to an employment tribunal that their employer:

  • has failed to allow reasonable time off
  • has failed to pay for all or part of the time off taken (representatives only)

Such complaints may be resolved by conciliation by Acas or through a settlement agreement. If this is successful, an employment tribunal will not be necessary. Employers and unions can also ask Acas for help without making a formal complaint to a tribunal.