Reps who work part-time

Q: One of our reps has attended a five-day union training course but has only been paid for three, since she normally works three days a week. Is this discrimination?

A: Your rep is entitled to be paid for the full five days. Reps are entitled to paid time off for union training under sections 168 and 169 of the Trade Union and Labour Relations (Consolidation) Act 1992. The act says that they are entitled only to the amount they would get for their usual work, but the courts have found this to be discriminatory.

In Davies v Neath Port Talbot CBC [1999] IRLR 769, the Employment Appeal Tribunal held that a part-time worker attending full time courses should be paid on the same basis as a full time worker. This complies with earlier decisions of the European Court of Justice.