Rights and Functions of a Union Learning Rep
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Unite and UNISON Union Learning Reps at Strathclyde
Partnership for Transport in Glasgow won the Helen
Dowie Award for Lifelong Learning at the STUC in
2010
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Functions and rights (extract from TUC guidance)
The key functions undertaken by Union Learning Representatives
are set out in the Employment Act 2002.
ULR statutory functions are;
- identifying learning or training needs
- providing information and advice about learning or
training
- arranging learning or training
- promoting the value of learning or training
- consulting the employer about carrying out such activities
- preparing to carry out any of the above activities.
The Employment Act 2002 gives rights to paid time
off to ULRs provided:
- they are in independent unions - such as those affiliated
to the TUC and they are in workplaces where unions are
recognised by the employer for collective bargaining
purposes.
Statutory rights for ULRs and union members
- Union learning representatives are entitled to reasonable
paid time off for training and for carrying out their
duties
- Union members are entitled to unpaid time off to consult
their learning representative, as long as they belong
to a bargaining unit for which the union is recognised.
- Union members needing to access their ULR have the
right to do this in work time but the employer is not
legally obliged to pay them during this time.
The way these rights can be implemented is set out in
the ACAS Code of Practice on Time Off for Union Representatives.
How to secure recognition and paid time off
The union needs to give notice to the employer in writing
of the name of the appointed ULR .The ULR needs to be
sufficiently trained to carry out his/her duties either
at the time of the notice or in normal situations within
six months.
Whether training is 'sufficient' is determined by the
union and should cover the functions set out in the Employment
Act. It need not lead to a qualification although that
would be desirable. The employer has to pay for the time
that the ULR is being trained.
The union/ULR should inform the employer of the training
either undergone or to be undertaken. Once the employer
is notified of the ULR's past training or intention to
train, then the employer is obliged to recognise the ULR
by providing paid time off to carry out the duties and
for any required further training.
The amount and frequency of the time off has to be 'reasonable'
in all circumstances. For example, when a ULR arranges
to have a meeting with members it must be at a time that
does not undermine the safety and security of other workers.
Employers also need to be reasonable and ensure that
ULRs are able to engage with hard-to-reach groups such
as shift workers, part-time staff and those employed at
dispersed locations. ULRs should provide management with
as much notice as possible of the purpose of the time
off, the location and the timing and duration and the
content of any training course.
Employers should consider making available facilities
necessary for ULRs to perform their functions such as
rooms for meetings/interviews, office space and the use
of electronic access such as the internet and emailing.
The Advisory, Conciliation and Arbitration Service (ACAS)
has updated its Code of Practice on Time Off for Trade
Union Duties and Activities. This
can be looked at on line here.
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