Time off for union meetings

Q: My employer is refusing to let me hold union meetings at work, even though the union is recognised. Can you tell me what the legal position is?

A: The right to paid time off for officials for carrying out trade union duties comes from section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Union members are also entitled to time off for trade union activities (although this is unpaid) under section 170 of TULRCA.

In both cases, the amount of time off is whatever is "reasonable in all the circumstances". You should first check your collective agreement to see if this specifies what has been agreed. If it does not, you can use the ACAS code of practice, available at www.acas.org.uk/media/pdf/l/q/CP03_1.pdf, as guidance.

If your employer fails to allow you reasonable time off you can bring a claim in the employment tribunal, which must take account of the ACAS guidance in deciding what is reasonable. Union members are also entitled to bring tribunal claims if they are refused reasonable time off. In both cases, the time off is for collective bargaining and other workplace issues.