Employer guide to Union Learning Representatives

Their role

The key functions undertaken by ULRs are set out in the Employment Act 2002 and include:

• identifying learning or training needs
• providing information and advice about learning or training
• arranging learning or training
• promoting the value of learning or training
• consulting the employer about carrying out such activities
• preparation to carry out any of the above activities

Some examples of ULR activities include:

• working with providers and employers to provide appropriate training on or off site
• giving initial advice on NVQs or on-line courses
• mentoring young workers who are in formal training such as Apprenticeships
• communicating with employees on initiatives such as the Investors in People standard
• encouraging staff to consider their own continuing professional development
• discussing with the employer any training recommended when employees are facing redundancy to prepare them for new employment opportunities

Their impact in the workplace

A recent TUC report on ULRs found that they had felt they had had a significant impact in specific areas. Over 70% of ULRs felt that they had encouraged colleagues to continue learning, while 55% believed that they had helped colleagues with little or no experience to access training. Just under half thought they had improved the culture of learning at work, and over 46% felt they had improved management/ union dialogue on learning.

Right to time off

Union learning representatives are entitled to reasonable paid time off for training, for carrying out their duties; and protection against detriment. Union members are entitled to unpaid time off to consult their learning representative, as long as they belong to a bargaining unit for which the union is recognised. These rights are limited to independent unions in organisations where they are recognised for collective bargaining purposes. See the attached ACAS publication for full details.

Benefits to companies

The TUC has identified a number of benefits to companies of URL activity in the workplace:

• promote a positive attitude to learning and skills
  amongst employees
• improve the skills and employability of the workforce, helping them to become more adaptable to change
• unlock potential within individuals and groups and assist them to take up promotion and progression opportunities
• increase participation in workplace learning
• provide accessible independent advice and support for employees about learning at shop floor level, where it is needed
• introduce and help develop a “learning culture” where training and education are highly valued by all

Working with ULRs

If Union Learning Reps are active in your workplace, there are a number of ways in which they can help improve productivity and motivation among your employees:

• by providing a means for employees who may be embarrased about their lack of skills particularly in literacy and/or numberacy) to find out about courses and learning opportunities
• by providing impetus for the company's learning programme and keeping employees motivated, particularly over long term training courses such as NVQs
• by providing management with an insight into employee attitude to learning
• their existence and success demonstrates employer commitment to supporting employees to improve their skills and to progress within the company.

To get the most from your involvement with ULRs, we recommend the following:

• keep learning separate from bargaining issues such as pay and conditions, even though the ULR might be the representative on these as well
• encourage employees to use the ULR to improve existing training activity, eg reporting back on the value of training which they undertake,
• consider a "learning agreement" between the company and the union, which clearly defines rights and responsibilities, including whether non-job-related training will be encouraged

Legal issues

Can the company choose its own learning representatives?

The right to time off only applies where the employer recognises an independent trade union for collective bargaining purposes. It is, though, for the recognised trade union to nominate to the employer its ULRs and the union can select them by appointment or election in accordance with its normal procedures.

Of course, as the ACAS Code recommends, an employer can seek to reach agreement (for example, by amending an existing collective agreement) with the union on facilities for ULRs including establishing agreed criteria on who might be eligible for the role.

It should be remembered, though, that the absence of a formal agreement does not in itself deny any individuals their statutory entitlement to time off. Nor does any agreement override the statutory entitlement but its existence may help to limit the possibilities for dispute.

Do existing union representatives automatically become ULRs?

No. Existing lay union officials do not automatically become entitled to reasonable paid time off to carry out the functions of a ULR although, in practice and over time, a good proportion of them may satisfy the eligibility conditions.

There are two qualifying conditions for a ULR:

• the union must give the employer notice, in writing, that the employee is a ULR, and
• the lay official must be sufficiently trained in carrying out the duties either:
­ at the time the union gives the employer the above notice, or
­ within six months of that date. This grace period is provided so that unions can nominate a lay official as a ULR who then qualifies for paid time off to undergo the relevant training to acquire the skills of a ULR.

The ACAS Code gives some guidance on the requirements an employee should meet in order for a union to be satisfied that he or she is sufficiently trained to be nominated as a ULR.

Can a company insist on a ballot to see if its workforce wants ULRs?

It is for the recognised trade union to nominate its ULRs. However, if a collective agreement contains provisions to ensure that lay officials are representative of the workers in their constituency, it would make sense for the employer to reach agreement with the union to extend those provisions to the selection of ULRs.

Must a company now negotiate or consult with a union on training?

The ULR legislation only gives lay officials of independent recognised trade unions the right to paid time off to carry out their functions and individual trade union members the right to unpaid time off to access those services. It does not require the employer to negotiate or consult with the union on training matters.

If, however, as some do, a collective agreement already provides that a recognised trade union has the right to negotiate or the right to be consulted on training matters, there will be considerable advantages in integrating the independent functions of a ULR into the company’s own procedures for identifying and meeting training needs.

It is likely, however, that the very existence of trained ULRs in the workplace assessing and identifying training needs will result in greater pressure from trade unions for rights to consultation (or negotiating rights) on training and increased demands on employers to fill any skills gaps identified.

Are there any guidelines on the appropriate ratio of ULRs to employees?

Unfortunately, neither the legislation nor the ACAS Code gives such guidance. Instead, the legislation specifies that each individual ULR is entitled to a “reasonable” amount of paid time off. In determining what is reasonable, the provisions of the ACAS Code are relevant. The Code suggests, for example, that a ULR requesting time off should take into account the employer’s operation and circumstances, including its size and the need to maintain the production process and give as much notice as possible to the employer. For its part, when considering a request for time off, the employer should take into account possible difficulties that the ULR may have in communicating with members who work part-time or on shifts or at distant locations.

Does an employer have to give employees paid time off to consult with a ULR?

It is only employees who are members of the independent recognised union that are entitled to a reasonable amount of unpaid time off to access the services of their ULR.

Again, the amount, purposes and timing of the time off that should be allowed, and the conditions that may apply, are whatever is reasonable in the circumstances. The ACAS Code gives some guidance on this too. It suggests that the amount of time off that an employee has already had can be taken into account when deciding whether a further request for time off, to access the services of the ULR, is reasonable.

How does a ULR’s role tie in with a company’s own training programme?

It is intended that fully trained ULRs should have knowledge of education and training opportunities and facilities in the wider community, not just be focused on what the employer can provide. In this sense, they can operate independently of the employer’s own training initiatives.

As the ACAS Code points out, though, many employers have in place well established training and development programmes. The Code recommends that ULRs should liaise with their employers to ensure that their respective training activities complement one another and that scope for duplication is minimised.

Member companies can obtain further advice on the implications of ULRs for their own training initiatives from their EEF Associations.

Is a company required to provide either training or time off for training recommended for employees by ULRs?

No. As indicated in the answer to Question 5, this new legislation is concerned only with giving employees time off either to carry out their functions as a ULR or to access the services of one. The legislation does not impose any other obligations on employers.

Is a ULR entitled to access a company’s training records?

No. These records remain confidential to the company and there is no obligation under the new legislation to release this information to ULRs. However, some employers will already be obliged to share some non-confidential information on training needs with trade unions under existing collective agreements.

Is a company entitled to know what a ULR finds out about its employees’ training needs?

No. There is no obligation on a ULR to share the knowledge he or she gains from the company’s workforce; those consultations will be confidential and a ULR should only divulge personal information with the individual’s consent.

However, as the raising of basic skills is one element of a wider strategy of improving work-place productivity, it makes good business sense for employers to put in place mechanisms to integrate ULRs’ activities with their own training assessment initiatives. Normally, trade unions will be keen to cooperate with employers in this.

For more information on ULRs, contact your regional EEF Association.

Created by EEF Education & Skills, and Legal Departments

July 2004