Union Meetings and Working Time

A recent case before the Employment Appeals Tribunal (EAT) considered whether or not a health and safety representative’s attendance at union meetings could amount to working time under the Working Time Regulations 1998.

The issue in this case was of importance given that the union meetings took place between shifts; if the meetings counted as working time, this would have meant that the employee was not in receipt of a sufficient rest break of 11 hours between shifts.

The employee regularly worked a 12-hour shift pattern from 7:00pm to 7:00am. On a particular day described to the EAT in evidence, the employee attended a union meeting from 1:00am to 4:00pm, before starting his shift at an agreed later time of 10:00pm. He later complained that his employer had breached his right to 11 hours’ consecutive rest in each 24-hour period.

The EAT ruled on the interpretation of working time, noting that, for the definition in the Regulations to be satisfied, the employee had to be working, at the employer’s disposal and carrying out his activities or duties.

On the first point, it was clear to the EAT that the meetings amounted to work. Secondly, the employer had required the employee to be in a specific place and to be ready to work for the employer’s benefit, so they were said to be at the employer’s disposal.

Finally, although the activities undertaken by the employee at the meeting had been directed by the union, the activities were generally to the employer’s benefit; they were also only at the meeting because of their relationship with the employer.

The EAT therefore considered that time spent by health and safety representatives (and also shop stewards) at union meetings could be working time, where the time and place of the meeting is determined by the employer and where a union is recognised. However, it remains to be seen as to whether Tribunals adopt the same decision in cases falling outside these facts. For now, employers who recognise unions and who have representatives within the workplace should take note of this decision and review whether any measures need to be put in place to ensure compliance with the Working Time Regulations.