MiP is a national branch of UNISON which is recognised by NHS employers for collective bargaining purposes. MiP reps and link members have the right to reasonable paid time off to carry out trade union duties or undergo training, as set out in sections 168 and 169 of the Trade Union and Labour Relations (Consolidation) Act 1992 and ACAS Code of Practice.
To qualify for time off, trade unions duties must be concerned with:
The ACAS Code gives the following examples of duties in relation to negotiating:
It’s important to establish whether a trade union official is entitled to take part in a committee or other meeting as part of their duties as an official. If they are, they may be entitled to paid time off.
An official attending a union meeting to consider proposals for strike action may amount to the performance of a union ‘duty’. However, refusal to grant paid time off to plan industrial action may be regarded as reasonable.
Officials are entitled to paid time off to undergo training in collective bargaining matters relevant to their duties. The Code says that relevant training may include:
The Code states that employers should consider allowing new officials reasonable time off for training in basic representational skills as soon as possible.
Trade union officials have the right is to ‘reasonable’ time off during ‘working hours’. Under TULRCA, the amount of permitted time off, the purpose of it, the occasions on which it may be taken and any other conditions are those that are ‘reasonable in all the circumstances’, having regard to the ACAS Code of Practice. These criteria may be negotiated in a Facilities Agreement.
The Code suggest that in claiming facilities time, the union should consider:
Employers should also consider issues the union my face, such as:
The Code directs trade union officials to provide management with as much notice as ‘practically possible’ of the purpose of the time off, the intended location, the duties to be carried out and the timing and duration of the request. If the official’s ordinary pay doesn’t vary with the amount of work done, they should be paid as if they had worked the time off. If their pay does vary according to hours worked, they are entitled to average hourly earnings for the time off.
Facilities agreements will usually set out the agreed terms on which time can be taken off for trade union duties. The ACAS Code suggests that such agreements should specify:
The content of any facilities agreement does not curtail an official’s statutory rights under the 1992 Act.
Richard Arthur is an employment lawyer for Thompsons solicitors, MiP’s legal advisers.
Legal Eye does not offer legal advice on individual cases. MiP members in need of personal advice should immediately contact their MiP rep. Read more about Thompsons’ work with MiP and UNISON on Thompson’s website
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