ACAS Code of Practice on Time Off for Trade Union Duties and Activities

I have pleasure in introducing the ACAS code of practice on time off for trade union duties and activities. Before this code can come into force, it needs the approval of both Houses. It provides practical advice and guidance on the operation of statutory rights to time off for trade union representatives and other union members. The code covers entitlements for a range of trade union representatives including shop stewards, union learning reps and those union representatives who are consulted on a one-off basis when large-scale redundancies or business transfers take place. However, the entitlements apply where the trade union is recognised for collective bargaining purposes. Much of the code has remained unchanged since it was first put in place 30 years ago, in April 1978. Since then, the world of work has changed significantly. New technology is widely available and has transformed the way we communicate. Working patterns are much more diverse, and the role of union representatives has progressed. During this period, the code has been revised as appropriate to keep up with changes to the law. However, there is now a good case for a more thorough revision. In 2007, a large-scale review of the facilities and facility time of workplace representatives strongly supported the case for the revision of the ACAS code. As a consequence, my right honourable friend the Minister for Employment Relations wrote to the chair of ACAS asking his council to consider redrafting the code. ACAS is independent from the Government, and members of its council are drawn from leading figures in the employment relations field. The views of the council always carry great respect and draw on a range of sources. I would like to take this opportunity to thank ACAS and its council for their work in preparing the revised code for us to consider. ACAS released an initial draft of the code for consultation in December 2008 and responses from that have shaped the draft of the code we have today. I now turn to the substance of the code. Within this draft, ACAS has made some significant changes to its guidance. However, the legal framework that the code refers to has remained much the same. Therefore, I will focus on the areas in which the code has been developed. As I have already stated, this revision updates the guidance in relation to changes in the modern workplace. It provides more guidance than before on the confidential and sensitive nature of communications involving union representatives. That will help employers in reassuring their staff that their communications with union representatives are not being monitored, while ensuring workplace security. Trade union representatives often have tasks that are demanding, complex and require great knowledge of employment law and the way the workplace functions. The provision of training has developed greatly in recent times with the widespread use of e-learning tools. That, too, is reflected in the guidance. There is considerably more guidance on union representatives being given access to facilities at the workplace. By facilities, I mean the provision of workplace services such as office equipment, meeting rooms and stationery. These facilities will assist in communication and research in line with union representatives’ duties. It provides more information on the provision of cover for employees who take time off to perform trade union duties and activities. That is important at a time when there are increasing pressures in the workplace. Line managers are key to the smooth running and organisation of time off for representatives. It is for that reason the position of line managers is explored in more detail in this revision of the code. The chairman of ACAS has produced a revised code that offers balanced, sensible and practical advice on time off for trade union duties and activities. It will be positive for both employers and unions in successfully interpreting and applying the law in their industrial relations. I strongly commend the code to the Committee for approval.