How to get time off to be a Learning Rep
Union representatives, including learning reps, are entitled to paid release from work to carry out their duties, activities and training. This section details what the law says and explains how you can secure your rights.
Introduction
The legislation that underpins the rights of trade union representatives to take paid and unpaid release to carry out 'duties' and 'activities' are laid down in primary legislation and suported by 'Approved Codes of Practice' or 'ACOPs':
ACAS Code of Practice No3 - 'Time off for trade union duties and activities' -including guidance on time off for union learning representatives.
The reason that codes of practice exist is because in the UK legal tradition, laws concerning work and employment relations have tended to be 'indicative' and not 'prescriptive', 'goal setting' and not binding. This means that legal rights and their enactment must depend on the individual and mutual needs of workers and employers.
Applying the law - the test of 'reasonableness'
In other words, the use of legal rights must be reasonable in all the circumstances and legislation has to be 'interpreted' and applied to the 'realities on the ground'. For example, it is perfectly reasonable for a large employer to concede facility time to a rep that would be difficult for a small firm to replicate - so that it might be construed as 'unreasonable' to apply the same standards to a small firm as a large one. It all depends on the business and the circumstances.
In short the legislation is a template to form the basis of negotiation between unions and employers and is not to be considered a statement of fact to be imposed. The role of the trade union is to ensure that it presents an employer with a strong case for the facilities it is claiming - in line with legislation, worker needs and business needs.