“GMB Officer Wins Employment Tribunal on Union Safety Role” – TUC
A GMB officer who as refused safety training has been awarded compensation and the legal battle against his employer. The Employment Tribunal in Central London has ruled in favour of the claimant against London Borough of Camden on the grounds that an employee should be entitled to the right to time off for training under the Trade Union and Labour Relations Act (TULRA) 1992.
The claimant was a health and safety branch officer for the GMB, the TULRA provides that the claimant qualified for the right to time off for training, this was to allow him to carry out his functions.
The employee was then awarded £2,500 in damages and tribunal fees incurred.
Helen Purcell who is the GMB London Organiser stated: GMB are over the moon about the tribunal’s decision. Grant’s dogged determination throughout this whole process is to be commended. It is disappointing that Camden Council sought to block our representative and defended the claim at tribunal.”
“Grant is delighted with the outcome and has maintained throughout that it is the declaration that is important to him. We hope that we can now move forward in a positive way to improve industrial relations and our representatives can go about their business without obstruction.”
Who can ask for time off to complete training
To have the right to ask for time off:
-The individual must be classed as an employee
-They must have worked for you for at least 26 weeks continuously
-The training that they requested must help them to carry out their job role better
-There must be at least 250 people already working for the organisation
Time off will usually be unpaid unless the employer agrees to pay it.
Who can’t ask for time off
-An agency worker
-An individual employed in the armed forces
-An employee of compulsory school age
-A young individual who already has the right to take time off for studying/training
-Anyone aged between 16 and 18 who is expected to take part in education or training
-Respond to the request within 28 days
-Hold a meeting with the individual to discuss the matters
Direct Gov state that an employer can only turn down the request if:
-The training wouldn’t benefit their business
-They would run up extra costs for the business
-They wouldn’t be able to meet customer demands
-They can’t re-organise the work among other members of staff
-They can’t recruit extra staff
-It would damage quality and business performance
-There wouldn’t be enough work for the employee to do at the times they intend to work
-It conflicts with planned structural changes
How Can Employment Law Services (ELS) Help?
Failure to comply with the law, even unintentionally, can leave your business vulnerable to costly Employment Tribunal claims. Seeking Employment Law Advice from qualified employment law practitioners can help you ensure you safely manage issues in arguably one of the most complex areas for any business to get to grips with. Employers concerned about how these regulations might impact them can take advantage of Employment Law Services (ELS) free consultation service – Contact us today to arrange your free consultation.