Trade union recognition and facilities agreement

Procedure for requesting time off

The trade union representative or official should:

Five working days' notice is required for time off.  If this is not achievable, then as soon as possible.

We and the trade unions: 

  • accept the need to be flexible within this process, 
  • recognise our duties and obligations to the business 
  • will agree a mutually convenient time for the duties or activities 

Both parties commit to causing minimum disruption to the services that we provide.

The union will give us notice in writing that the employee is a union learning representative. This will also confirm that they must meet the training condition.

The union has given us notice in writing that the union learning representative:

  • is sufficiently trained 
  • will undertake training within the next six months
  • has completed training within six months of the notice being given

The union representative must submit their request for time off at least 28 days before the start of the course and:

  • provide alternative dates for the course (if possible) 
  • provide details of the contents of the course 

Reasonableness and amount of time off 

The union representative can request reasonable time off during working hours: 

  • to carry out their duties 
  • to undertake training
  • to take part in union activities 

The test of reasonableness will depend upon the needs of the business at the time of the request.  

We will consider: 

  • the nature and timing of the request 
  • the amount of time off previously granted or planned for the future 
  • the number of representatives or members seeking time off within a given period 

We will take into account the legitimate need of the union representative or union learning representative to carry out their duties. The union understands that we need to provide a continuous service and to maintain the safety of all employees. 

Each application for time off will be assessed on its merits.

This agreement also applies to lay members of recognised trade unions. They may take time off work to participate in trade union activities. This is typically unpaid. 

Public sector trade union facility time reporting 

We are required to record and publish data about the use and spend on trade union facility time. Union representatives and union learning representatives must follow the request procedure for paid time off. Representatives and managers will accurately record such paid time off. This will ensure that we can satisfy this duty. 

Disputes 

Disputes regarding access to facilities, or time off, can be raised in line with our grievance procedure. 

Additional time-off with or without pay 

Where trade union representatives and lay members face difficulties in effective representation or communication they may ask to hold meetings partly in working hours. There may be a direct benefit to both parties in dealing with specific issues in this way. 

We will not pay for a representative's activities concerning an internal or domestic union nature. We will not unreasonably withhold time off without pay. 

We will consider unpaid time off for lay members, taking into account the test of reasonableness outlined above.