Information for ULR's

Legal Entitlements for Union Learning Representatives (ULR's)

We are currently seeking a national agreement with both BT and Royal Mail regarding ULR's, but until this is in place, we expect employers to release ULR's according to the statutory entitlements set out in the new legislation (see below for details of this).

Branches are requested to use the pro-forma ULR appointment form to notify employers as to who the Branch ULR's are. Branches are also requested to use the pro-forma letter to request release for training for ULR's. These can be downloaded from the CWU website, or copies can be obtained from the Education and Training Department.

The Rights

With effect of the 27th April 2003, employers must allow members of independent recognised trade unions who are Union Learning Representatives to take time off during working hours for the purpose of:

• Analysing learning or training needs,
• Providing information or advice about learning or training matters,
• Arranging learning or training,
• Promoting the value of learning or training.

In relation to "qualifying members" (i.e. employees at the workplace where the CWU is recognised and who the CWU represents) learning reps must be allowed time off to:

• Consult the employer about carrying on such activities for qualifying members,
• Prepare for activities within these purposes,
• Undergo training relevant to their function as a learning rep, including training to become a learning rep.

The ULR is entitled to be paid either as if they had worked for the relevant period, or according to comparative hourly earnings. There is no entitlement to pay for learning activities undertaken at a time when the employee would not ordinarily have been paid, but staff who work part-time will be entitled to pay if full time staff are. The amount of time off allowed is what is "reasonable in all the circumstances" taking into account the provisions of the ACAS Code of Practice (e.g. size of organisation, safety and security, need to maintain a public service). Employers should consider providing accommodation for members and learning reps to meet to discuss relevant training matters. (See sections 168A & 169, TULR(C) Act 1992 and the ACAS Code of Practice).

Qualification

The right only applies if:

• The CWU has given the employer notice in writing that the employee is a learning rep,
• The "training condition" is met in relation to the learning rep.

The "training condition" is met if:

• The employee has undergone sufficient training to carry out the activities of a learning rep, and the CWU has notified the employer in writing,
• The CWU has in the last six months given notice in writing that the employee will be undergoing training,
• The CWU representative has undergone training within the last six months of the CWU giving the employer notice that they would be doing so.
  Note: only one notice of future training per employee is allowed.