Guidance on Trade Union duties and activities

Trade Union representatives are allowed to take reasonable (paid) time off to attend to trade union duties. It is recognised that Shop Stewards can get called upon at short notice, on occasion to attend meetings or provide advice to employees as per the list below.  TU duties can be described as being those that are connected with the following (this list is not exhaustive)

  • collective bargaining, for example T&Cs;
  • participating in recruitment and selection policies,
  • redundancy and dismissal arrangements;
  • grievances
  • job evaluation;
  • arrangements for representing or accompanying employees at internal interviews, which would include disciplinary hearings;
  • appearing at employment tribunals.

In addition to trade union duties, the Shop Steward will be entitled to reasonable time off during working hours to take part in any Trade Union activity.  Examples of trade union activities are as follows:

  • branch, area or regional meetings of the union where the business
  • of the union is under discussion
  • meetings of official policy making bodies such as the executive committee or annual conference
  • meetings with full time officers to discuss issues relevant to the workplace.

The Council’s conditions of service allow paid time off to undertake the above activities except for:

  • Attendance at Annual Conferences of Trade Unions
  • Other specifically convened conferences or meetings of the policy making body of the union which do not directly concern the Council.
  • Branch or District meetings of the trade union convened during normal working hours but not dealing predominantly with Local Authority matters.

Time off, without pay, will be granted to undertake the above exceptions providing requests are given timeously and the needs of the service can accommodate the absence.

The TU rep requesting time off should provide management, especially their line manager, with as much notice as practically possible concerning:

  • the purpose of such time off, while preserving personal confidential information relating to individuals in grievance or disciplinary matters
  • the intended location
  • the timing and duration of time off required.

In carrying out TU duties or activities Union representatives should minimise business disruption by being prepared to be as flexible as possible in seeking time off in circumstances where the immediate or unexpected needs of the business make it difficult for colleagues or managers to provide cover for them in their absence. Equally employers should recognise the mutual obligation to allow union representatives to undertake their duties.

When deciding whether requests for paid time off should be granted, consideration would need to be given as to their reasonableness, for example to ensure adequate cover for safety or the provision of service.  Similarly, managers and unions should seek to agree a mutually convenient time which minimises the effect on services. Where workplace meetings are requested, consideration should be given to holding them, for example:

  • towards the end of a shift or the working week
  • before or after a meal break.

For their part line managers should be familiar with the rights and duties of union representatives regarding time off. They should be encouraged to take reasonable steps as necessary in the planning and management of representatives’ time off and the provision of cover or work load reduction, taking into account the legitimate needs of such union representatives to discharge their functions and receive training efficiently and effectively.

Employers need to consider each application for time off on its merits; they should also consider the reasonableness of the request in relation to agreed time off already taken or in prospect.

  1. Employee Relations team will update the Hub with the details of the new shop steward.