Time off for RCN learning representatives

The Employment Act 2002 includes the statutory recognition of union learning representatives under which they have rights to paid time off for their duties and training.

Further details on current legislation is available on the website:www.legislation.hmso.gov.uk

ACAS Code of Practice

On Sunday 27 April 2003 the revised ACAS Code of Practice on Time Off for Trade Union Duties and Activities came into effect. This gives Union learning representatives the legal right to paid time off to train and a reasonable time away from their jobs to carry out their duties.

Duties and functions of a learning representative could include the following:

analysing learning or training needs;
providing information and advice about learning or training matters;
arranging learning or training;
promoting the value of learning or training;
consulting the employer about carrying on any such activities;
preparation to carry out any of the above.

Training

Sufficient training should be delivered by the RCN, who will provide the employer with written notice of this training.

Time off - rights and limitations

Any time off given by employer to the learning representative must be paid for; however, there is no statutory requirement to pay for time off where duty is carried out at a time when the learning representative would not otherwise have been at work. Other rights and limitations include:

learning representatives are not entitled to time for accessing learning services themselves
reasonable time off is dependent on the size of organisation, production, maintaining service to the public, and safety and security
requesting time off should include details on the purpose, location, timing and duration, reasonable notice, and copy of course details, etc.
facilities which should be provided to the learning representative include accommodation for meetings/office space, access to telephone & office equipment, notice boards, e-mail access.

Learning agreements

Learning agreements between RCN and employer would be ideal to clarify the position of learning representatives and employer, though absence of these does not mean rights are not available without them.