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Your right to be part of a union

Every teacher has the right to belong to a trade union or professional association. They are an established part of the education landscape, and time away from work for union activity is an accepted provision.

You may not have the time in your first year as an NQT for much union activity, but there are ways you can get involved without committing lots of time. It’s certainly important to be aware of the issues of the day, both in terms of your pay and conditions and education in the UK in general.

Your statutory rights

Trade union officials have a statutory right to reasonable paid time off to carry out trade union duties under the terms of The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR[C]A). They also have a statutory right to paid time away from work to receive training from their trade union. The word ‘reasonable’ does open up room for interpretation, but this can be negotiated with your employer.

The extent to which a union official can expect paid time off will depend on the size of the workforce they represent and the level of trade union-related work an official is able to demonstrate. 

There is no statutory entitlement to be paid for time spent engaged in union activity outside the normal working day. Equally, unless the school management has formally or informally agreed, all trade union meetings should take place outside normal working hours, whether after school or during lunchtime. The Burgundy Book on teachers' conditions of service states that unions should be afforded the use of school facilities for carrying out their work, with a noticeboard and the use of a meeting room - the sort of basic amenities that a headteacher might be expected to provide. To view the Burgundy Book, see the ATL website.

[This text has been adapted from Starting out, a useful leaflet published by the Teacher Support Network.]

The headteacher is also 'reasonably' expected to allow external union officials onto the school premises, although as the law offers no automatic right of entry this once again places an onus on both sides to enter into sensible and reasonable negotiations. While this may not prove problematic in most schools there will be occasions when the need for trade union activity is borne out of difficulties in relations between staff and management, inevitably complicating such negotiations.

ACAS code of practice

Teachers engaged in trade union activities are advised to adhere closely to the ACAS code of practice and examine the advice offered by the ASCL for an insight into what headteachers’ own representatives believe is acceptable. For example, by offering the school management clear notice of any impending visit from an external union official, or significant warning of the need for a room to accommodate an after-hours union meeting a teacher acting as a union representative can help defuse potential tension.

Examples of what constitutes trade union activities can be found in an ACAS code of practice on Time off for trade union duties and activities - available from the ACAS website.

Further information

Useful websites

Resources