Section 43 of the Employment Act 2002 gives ULRs the right to reasonable paid time off to carry out their duties. The Advisory, Conciliation and Arbitration Service (ACAS) explain the rights of ULRs in a code of practice.
The relevant paragraphs which deal with ULRs are:
PCS and DWP have signed a new agreement for ULRs in DWP. This was endorsed by conference in May 2010. PCS and DWP are in the process of arranging a formal launch. Until the new agreement has been formally launched, we cannot publicise details, and therefore the details that follow may not be up to date. In the meantime, if you have a query about ULR nominations, time off, training, or any other arrangements, please contact the Learning Project Workers on 0113 200 5300 or Email: dwpulrs@pcs.org.uk
According to the law, unions decide who will be their ULRs. In PCS, branches decide who will be their ULRs. Every new ULR should complete a nomination form (available from the learning page of the PCS DWP website), which should be signed by the branch secretary and returned to PCS Leeds Office.
There is a legal requirement that management must allow new ULRs paid time off work to attend a ULR training course. Under the new Joint Learning Agreement, ULRs are entitled to the standard training allowance of 10 days over two years, plus an additional five days. This should enable ULRs to undertake the required ULR training. The law also states that the training must be completed within six months of the notification sent to management.
Please note that ULRs should start to take paid time off work as soon as possible after they have been nominated, they should not wait for the training.
When the completed nomination form is received in Leeds the ULRs details will be entered onto the PCS ULR database.
We are legally obliged to inform management when we recruit a new ULR. We do this by sharing part of the PCS ULR database with management (i.e name, office, time allocation, branch and region). The fact that the ULR appears on the database is the only proof that is needed for a ULR to access paid time off work. The arrangement made between PCS and management is that all PCS ULRs in DWP can take up to 20% paid time off work for union learning work, plus any additional travel time. (This can be capped - see here for more information).
These arrangements apply to all ULRs whether they have taken the initial training course or not.
Obviously reps should always try to give as much notice as possible to allow managers to prepare for their absence, however, everyone should recognise that at times short notice is unavoidable.
In the event that a ULR has unreasonably been denied the right to time off work they should immediately contact their branch learning officer or if that is not possible another branch officer for representation. If branches need further advice about this, please contact Gareth Hartley, Miranda Harr or Fran Heathcote via the Leeds PCS office, or email dwpulrs@pcs.org.uk