Updated to take into account the publication of Regulations on union official facility time in the public sector, in force on 1 April 2017, and draft Regulations on check-off in the public sector, due to come into force on 10 March 2018.
We round up our key content on employment law changes that come into effect in April 2017.
Updated to include information on the Trade Union Act 2016 provisions on facility time in the public sector, which have not yet come into force.
Updated to take into account the publication of Regulations that define important public services for industrial action ballots and the draft revised Code of practice on industrial action ballots and notice to employers.
In Edwards and another v Encirc Ltd  IRLR 528 EAT, the EAT held that the time employee representatives spent attending trade union and health and safety meetings constituted "working time" under the Working Time Regulations 1998.
The Employment Appeal Tribunal (EAT) has held that the employment tribunal adopted an unduly restrictive approach when deciding that the time spent by two trade union representatives attending union meetings during the day was not "working time". The EAT said that the correct approach is to take into account the aims of the EU Directive relating to working time.
The law on time off work, including the prescribed reasons for which employers must permit employees to take a reasonable amount of time off work such as time off for dependants, for pregnant employees to attend ante-natal appointments, for adoption appointments, for public duties, for trade union officials to carry out certain duties and for workers to accompany a colleague to a disciplinary or grievance meeting.
Two trade union representatives working night shifts claimed that the time they spent attending union meetings during the day was "working time" and so they were entitled to an 11-hour rest period from the end of the meetings until the start of their next night shift. The employment tribunal rejected this claim.
HR and legal information and guidance relating to time off for trade union activities and duties and trade union learning reps.