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DaveGriff  
#1 Posted : 27 January 2010 20:42:26(UTC)
Rank: New forum user
DaveGriff

My company’s employees work a 4 on 4 off shift rota The problem with this is that some of the training days are on the union reps days off, are we obliged to pay them for those days? They expect to be paid time and a half for this. When reps are due to be on shift but instead go on the training course this is allowed however as UNITE now take 1 day per week for 6 weeks we loose 72 working hours per representative. Reps are of the opinion that 2 training courses per rep per year are reasonable. Safety rep, union rep and training rep positions are generally the same people (we have 4 newly elected persons altogether for a small 70 employee company) I would like to hear what the general consensus of the above is, and any solutions/input would be much appreciated. Regards Dave Griff
sean  
#2 Posted : 28 January 2010 09:20:19(UTC)
Rank: Guest
Guest

Dave, firstly how many days training a year does each rep take? how many of each type rep do you have, and what training do they do? Maybe then you will get some feed back as to what is reasonable or not. Sean
RayRapp  
#3 Posted : 28 January 2010 09:53:52(UTC)
Rank: Super forum user
RayRapp

Dave I recall from my days as a rep that provided it was a recognised TUC course reps were allowed to attend and with full pay. Pay is normal rate for the shift I believe. Rest days for shift workers are a bit trickier and I think that if a course fell on my rest day then that was considered as just bad luck. If there are a lot of reps or training courses to attend then it is sensible to have an agreement. One such agreement was that reps could attend one TUC course per year eg Stage 1, Stage 2 etc.
pl53  
#4 Posted : 28 January 2010 10:40:32(UTC)
Rank: Super forum user
pl53

My view of this is that union reps are entitled to time off for this sort of training, not time added. As a previous poster said, if the training course falls on a rest day then that is just bad luck. Certainly I can't see the argument for premium pay for attending courses on rest days. Maybe there is an argument for time off in lieu but at the end of the day this is training organised by the union for the benefit of the union rep. This is not a course which the company is compelling the union rep to attend.
Sean.B  
#5 Posted : 28 January 2010 10:54:58(UTC)
Rank: Forum user
Sean.B

You can also ask Unite to carry out the training in-house to minimise the impacted on your business, even I attend this course. They had no problem in doing this. As Ray said if the training fell on their rest day they didn’t get paid, just bad luck and it is sensible to have an agreement. We had the same agreement as Ray did that reps could attend one TUC course per year egg Stage 1, Stage 2. We also agreed on other training courses they should attend such as Risk assessment, COSHH, Accident Investigation, Manual Handling etc, this was achieved by in-house training. Reasonable time off is to be agreed by both management and trade union, this is the advice from ACAS. The request of the safety rep’s it would not seem to be reasonable to expect time and a half, if you decided to pay them for their day off ,then it would be reasonable time back in lieu or their normal days rate.
Richard Aylen  
#6 Posted : 28 January 2010 13:35:42(UTC)
Rank: New forum user
Richard Aylen

Firstly hello all, this is my first post please be gentle. I have had some experience with Union representatives regarding training. The first place to start is to have an agreement in place as previously mentioned. Our company stated a reasonable amount of time off for training was two training courses a year per union member. If they had more than one role they were only able to attend a maximum of 2 courses within a year. “Are we obliged to pay them for those days? They expect to be paid time and a half for this?” ACAS states; “Payment for time off for training 34. An employer who permits union representatives or Union Learning Representatives time off to attend relevant training, must pay them for the time off taken. The employer must pay either the amount that the union representative or the Union Learning Representative would have earned had they worked during the time off taken or, where earnings vary with the work done, an amount calculated by reference to the average hourly earnings for the work they are employed to do. The calculation of pay for the time taken for training should be undertaken with due regard to the type of payment system applying to the union representative and Union Learning Representative including, as appropriate, shift premia, performance related pay, bonuses and commission earnings. Where pay is linked to the achievement of performance targets it may be necessary to adjust such targets to take account of the reduced time the representative has to achieve the desired performance. 35. There is no statutory requirement to pay for time off where training is undertaken at a time when the union representative or Union Learning Representative would not otherwise have been at work unless the union representative or Union Learning Representative works flexible hours, such as night shift, but needs to undertake training during normal hours. Staff who work part time will be entitled to be paid if staff who work full time would be entitled to be paid. In all cases, the amount of time off must be reasonable.” As they are shift worker one solution could be to move them to a dayshift pattern for the duration of the training course. Regards, Rchard
bob youel  
#7 Posted : 29 January 2010 08:37:42(UTC)
Rank: Super forum user
bob youel

lets not mix up differing needs: 1: H&S wise training must be paid for and is usually undertaken in works time - but where [because of [sensible] production needs] training cannot be carried out in 'on' time then it has to be carried out in 'off' time; noting that the training time must be paid for at the standard rate of an 'on time' situation [there is case law behind this] for the individuals concerned 2: Training regards to none H&S areas is not covered by section 9 and should be addressed via other law Additionally an individual needs to cooperate and be flexiable as per section 7
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