Definition
An employee who is elected or appointed to represent fellow workers in dealings with the employer, including disciplinary hearings, grievance procedures, and collective bargaining. Trade union representatives have specific legal protections.
UK Context
Trade union representatives are protected by the Trade Union and Labour Relations (Consolidation) Act 1992. Dismissal for trade union activities is automatically unfair (no qualifying service required). Representatives have the right to reasonable paid time off for duties and unpaid time off for activities. The ACAS Code of Practice on Time Off guides employers on what is reasonable.
Best Practices
- Negotiate a time-off facility agreement that sets clear expectations for both sides
- Provide reasonable facilities including private meeting space and communication channels
- Build a constructive relationship with union representatives — they can be valuable partners in managing change
- Ensure managers understand the legal protections for union representatives and do not penalise them for carrying out their role
Frequently Asked Questions
Must an employer recognise a trade union?
Employers are not required to voluntarily recognise a trade union. However, a union with a majority of workers in a proposed bargaining unit can apply for statutory recognition through the Central Arbitration Committee. Once recognised, the employer must negotiate on pay, hours, and holidays.
Can a trade union representative be disciplined for their union activities?
No. It is automatically unfair to dismiss or subject a trade union representative to detriment for carrying out their role or participating in union activities. This protection applies from day one of employment with no qualifying service required.
How much time off should a union representative receive?
The representative is entitled to reasonable paid time off for trade union duties and reasonable unpaid time off for activities. What is reasonable depends on the circumstances, including the size of the workplace, the number of members, and the nature of the duties. The ACAS Code of Practice provides guidance.