Acas consults time off for trade union duties and activities
Acas has started consultation a draft code of practice for time off for trade union duties and activities and a new guide to time off, training and facilities for all types of employee representation, including those with statutory rights and voluntary representatives with no such legal rights.
A number of individual statutory rights may arise in specified circumstances relating to the activities of a trade union including: (i) trade union officials are entitled to reasonable paid time off during working hours to undertake certain specified trade union duties; (ii) union members are entitled to take time off during working hours for trade union activities.
Employee representatives who are not trade union representatives also have certain statutory protection, including: (i) performing their functions as representatives on European Works Councils, information and consultation representatives on works councils and candidates for election to such posts ; (ii) being representatives and candidates for election during a TUPE or collective redundancy consultation and carrying out their functions.
The existing Acas Code of Practice was issued in 2003. The Government asked Acas if they would consider revising the Code, to which they agreed. The Government also asked Acas to consider how they might provide guidance for non-union employee representatives. Acas has decided to do this by providing a separate guide to the Code: Developing Effective Employee Representation: A guide to managing provisions for time off, training and facilities. Consultation on the Draft Code ends on 16 March 2009.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
