I have agreed to write a quarterly column for Thompsons Weekly LELR on an employment law issue of particular relevance to the work of trade union representatives.
I am kicking off with a look at an issue of great significance to reps – a consultation document published by ACAS (the government’s Advisory Conciliation and Arbitration Service) on proposed changes to the current statutory right of reps to carry out their duties during paid time off (and see weekly LELR 98).
The document proposes a number of changes, not all of them positive. One particular sticking point is the specific exclusion of the possibility of statutory rights for environmental and equality representatives.
Trade unions have undertaken a lot of work in appointing and training these reps to address issues of significant concern in the workplace and the proposals in the document clearly downgrade them to the position of “non-statutory”.
And the document also downplays the important work of Union Learning Reps over the past nine years. It proposes to exclude their negotiating position and views them in an advisory role largely promoting learning and skills matters.
At the same time the document gives greater significance to the range of non-trade union representatives and suggests that employers consider their position around the need to paid time off during consultative exercises.
There are some minor improvements, however. For example the proposals suggest that reps should now have access to the names of new employees for organising purposes.
In addition the proposals strongly hint at the need for line managers in particular to understand the often significant demands placed on trade union representatives and the need to work closely with then in arranging for time off.
The proposal states ‘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 in the planning and management of representatives’ time off, taking into account the legitimate needs of such union representatives to discharge their functions efficiently and effectively.’
It is important that trade unions respond to the consultation (which closes on 16 March), highlighting the weaknesses of some of its proposals, as outlined here.
Thompsons will be preparing its own response to the consultation document in due course which it will make available to unions in early March.
To read the document, go to: http://www.acas.org.uk/index.aspx?articleid=2122