- Source: Assistant Chief Executive
- Issue Date: February 1993
- Reviewed: November 2015, October 2024
Introduction
1.1 In January/February, 1992 the Council approved a number of arrangements in respect of the funding and granting of trade union time off.
1.2 These Guidelines relate to trade union representatives other than those provided with full time off facilities and are designed to ensure certainty and fairness on both sides.
1.3 These Guidelines will be recommended to Governors for use in respect of non-teaching staff trade union representatives employed in schools.
1.4 These Guidelines are framed in the light of the 'ACAS Code of Practice 3 : Time Off for Trade Union Duties and Activities' and the Manual and Craft Workers national agreements on 'Facilities for Trade Union Officers and Stewards' which is reproduced at Appendix A.
1.5 Whilst the responsibility for granting the time off to which these Guidelines relate rests with Chief
Officers, it will be necessary, for practical reasons, to delegate this to line managers. A list of line managers authorised to grant time off should be circulated to the trade unions and updated as necessary. The authority to grant time off should be delegated to the lowest appropriate level of line management.
2.1 Representatives of recognised Trade Unions will be allowed reasonable paid time off during working hours to carry out trade union duties concerned with negotiations with the Authority and certain other specific matters as listed in Appendix B.
3.1 Representatives and members of recognised Trade Unions will be allowed reasonable unpaid time off during working hours to carry out trade union activities as exemplified in Appendix C. The ACAS Code recognises that in certain circumstances employers may wish to consider granting time off for trade union activities and the following paragraphs in this Section confirm where current practice in this respect will be maintained. Aside from this, particular situations may arise where a flexible approach is called for and Chief Officers should seek guidance from the Head of HR and Workforce before coming to a view.
3.2 The Authority will continue the practice of allowing paid time off to representatives to attend scheduled branch executive meetings subject to operational requirements and provided a schedule of meetings agreed with the Authority (via the Head of HR and Workforce) prior to the beginning of every year (January). Such meetings should be of limited duration and arranged in proximity to the beginning or end of the working day.
3.3 The Authority will also continue the practice of allowing a number of Branch representatives, as defined by each trade union's constitution, paid time off to attend the annual conference/pay conference and will allow the membership of the resepctive unions limited paid time off to mandate those representatives in respect of national pay claims. This limited time off will normally be restricted to travelling time to reach the venue of the meeting and such meetings should, therefore, be convened in proximity to the end of the working day.
4.1 Representatives of recognised Trade Unions will be allowed reasonable paid time off to undergo training relevant to the carrying out of their trade union duties as defined in Appendix B.
4.2 The training must be approved by the Trades Union Congress or by the recognised trade union to which the representative belongs. In this connection trade union representatives wishing to attend courses must ensure that a request form is completed (Appendix D) and forwarded to the Chief Officer (or other nominated person) with a copy of the syllabus.
4.3 The considerations in granting paid time off to undergo relevant training are the same as those detailed in paragraph 2.2 above. In this respect the Trade Unions should seek to minimise the number of representatives attending specialist type courses particularly where this will involve more than one representative being absent from the same workplace.
4.4 In normal circumstances new representatives will be guaranteed release to attend basic stewards type courses within one year of election.
5.1 Where paid time off is granted the representative will be paid the amount that he/she would have earned had he/she worked during the time off taken or, where earnings vary with the work done, an amount calculated by reference to the average hourly earnings for the work he/she is employed to do.
5.2 No payment will be made for time off where the duty/training is carried out at a time when the representative would not otherwise have been at work. However, in the case of part-time employees who undertake duties/training within the standard working week, but at times when they would not normally be working, compensatory time off will be given. (This recognises recent European Court of Justice rulings (1992) which have found that indirect discrimination may exist where part-time representatives, who are predominantly female, do not enjoy the same rights as full-time male counterparts). In addition, arrangements will be made to ensure that shift workers undertaking duties/training on a rest day/free day or other time off do not immediately follow such duty/training with a period of shift work. This is not to say that compensatory time off will be given but merely to recognise that it is undesirable for a shift worker to go for a prolonged period without rest before undertaking a shift duty. For example, it is not desirable for a shift worker to attend a course from say 9.00 a.m. to 5.00 p.m. and then commence shift duty from, say, 6.00 p.m. until midnight. In such a case it would be necessary to reorganise the shift duty.
6.1 The following paragraphs address the arrangements that must be observed by representatives in requesting ad hoc time off. In relation to meetings of Branch Executives and meetings which are intended to involve the whole or a significant proportion of Branch Membership, requests for time off must be directed to the Head of HR and Workforce who will liaise with the Chief Officers concerned. In the case of such meetings as much prior notice as possible must be given and, as stated in paragraph 3.2, a schedule of branch executive meetings must be provided to the Head of HR and Workforce prior to the beginning of every year (January). It must be emphasised that the authority to grant time off rests with Chief Officers and the Head of HR and Workforce's role is confined to co-ordinate and the provision of advice to Chief Officers.
6.2 A representative requesting time off to pursue industrial relations duties or activities must complete the requisite form (see Appendix E) and provide it to his/her Chief Officer (or other nominated person) as soon as possible and in normal circumstances no later than 3 days before the time off is required. In order to enable this, Chief Officers are urged to make every endeavour to give trade union representatives as much prior notice as possible of meetings and disciplinary/grievance hearings/appeals. In this respect, it is recognised that where in exceptional circumsances short notice is given it may be necessary for the form to be completed after the event. However, this does not remove the need for representatives to obtain prior permission whenever wishing to pursue a trade union duty or activity.
6.3 A representative requesting time off to undergo relevant training must complete the requisite form (see Appendix D) and provide it to his/her Chief Officer (or other nominated person) as soon as possible and in normal circumstances no later than four weeks before the time off is required. A copy of the syllabus must be included with the form or, if not available at the time of requesting time off, as soon as possible thereafter.
Note: It is recognised that trade union representatives have to apply to their trade unions to attend courses and may not know four weeks in advance whether or not they have been accepted. Where there is any likelihood of this arising the representative must request time off from his/her employing Department at the same time as applying to his/her trade union.
7.1 In deciding whether or not to grant requests for paid time off Chief Officers will have regard to their reasonableness, having particular regard to the availability of cover in order to ensure safety and to safeguard the production process and provision of service.
7.2 The overriding principle is that the amount and frequency of time off must be reasonable in all the circumstances.
9.1 Any question relating to the interpretation and/or operation of these Guidelines should be referred to the Head of HR and Workforce.