Union and Steward Leave Explained: Definition, Rights and How It Works

Union and steward leave is authorised absence from work for employees who need to perform trade union duties or attend union-related activities. It recognises the important role that workplace representatives play in representing employees, attending meetings, negotiating with employers and participating in industrial relations processes. In the UK, union representatives are entitled to reasonable paid time off under the Employment Relations Act 1999, and similar protections exist in Australia, Ireland and many other jurisdictions.

Key Takeaways

• UK union representatives are entitled to reasonable paid time off for union duties and activities under the Employment Relations Act 1999
• The time off must be reasonable in the circumstances and the employer must not unreasonably refuse
• Union representatives include shop stewards, health and safety representatives, and workplace union officials

What Is Union Leave?

Union leave is a statutory or contractual entitlement that allows employees who hold trade union positions to take paid time off to perform their representative duties. These duties can include attending meetings with management, representing employees in disciplinary or grievance processes, participating in collective bargaining, attending union training, and engaging in health and safety activities.

The purpose of union leave is to ensure that employees are not disadvantaged in their employment because of their union role. Without paid time off, union representatives would be forced to perform their duties on their own time or sacrifice income, which would undermine the effectiveness of workplace representation and the collective bargaining process.

Union leave is distinct from political leave or industrial action leave. Political leave covers time off for activities such as standing as a candidate in an election. Industrial action leave relates to strikes and work stoppages. Union leave is specifically for the day-to-day representative functions that union officials perform during normal working hours.

In the UK, the right to union leave is well established. The Employment Relations Act 1999 provides that union representatives are entitled to reasonable paid time off for performing union duties at the workplace and for undergoing union training. The right applies to union representatives of recognised trade unions and is enforceable through employment tribunals.

Who Is Eligible for Union Leave?

United Kingdom

Under the Employment Relations Act 1999, union representatives of recognised trade unions are entitled to reasonable paid time off for two main purposes: performing union duties at the workplace and undergoing union training. A union representative includes shop stewards, workplace union officials, and any employee who holds an official position in the union at the workplace. The right does not extend to employees who are merely union members — it applies specifically to those with representative roles.

The amount of time off must be reasonable in the circumstances. What is reasonable depends on factors such as the size of the workforce, the nature of the union’s role, and the specific duties being performed. Employers and unions should agree on arrangements for time off, and disputes can be referred to ACAS or the Central Arbitration Committee.

Australia

Under the Fair Work Act 2009, union delegates are entitled to reasonable time off during working hours to carry out delegate activities for a representative employee organisation. This includes participating in consultations with the employer, representing employees in dispute resolution processes, and attending training. The right applies to delegates of registered organisations and is protected under the Act.

Ireland

The Industrial Relations (Amendment) Act 2015 provides for time off for trade union duties and activities. Union representatives of recognised trade unions are entitled to reasonable paid time off to perform their representative functions. The legislation mirrors the UK framework and provides protections against detriment for employees exercising their union rights.

Union Leave Entitlements by Country

Country	Statutory Entitlement	Pay	Key Detail
UK	Reasonable time off under ERA 1999	Paid	Applies to union representatives of recognised unions
AU	Reasonable time off under Fair Work Act	Paid	Applies to delegates of registered organisations
IE	Time off under IR(A) Act 2015	Paid	Mirrors UK framework

How to Request Union Leave

1. Identify the duty — specify the union activity or duty that requires time off during working hours.
2. Give reasonable notice — inform your employer in advance of the need for time off, unless the matter is urgent.
3. Agree on the duration — discuss with your employer how much time is reasonable for the specific activity.
4. Provide information if requested — employers may request details of the union activity, but cannot unreasonably withhold leave.
5. Keep records — maintain a record of the time off taken and the duties performed for reference.

Employer Obligations for Union Leave

• Grant reasonable time off — employers must not unreasonably refuse time off for union duties and training
• Pay during leave — union representatives are entitled to be paid during authorised union leave
• Do not subject employees to detriment — it is unlawful to subject employees to any detriment for taking union leave
• Consult on arrangements — employers and unions should agree on practical arrangements for time off
• Allow training — employers must allow union representatives to attend reasonable training related to their role

Common Mistakes

• Refusing union leave requests without a genuine and reasonable business justification
• Requiring union representatives to take annual leave for union duties
• Subjecting employees to less favourable treatment because of their union role
• Failing to agree on practical arrangements for time off with the union
• Applying absence management triggers to union leave absences

FAQ

What is union leave?

Union leave is paid time off for employees who hold trade union positions to perform their representative duties. This includes attending meetings, representing employees, negotiating with management and attending union training. The right to union leave is established in the UK, Australia and many other jurisdictions.

Is union leave paid?

Yes. In the UK, union representatives are entitled to be paid during authorised union leave under the Employment Relations Act 1999. In Australia, delegates are entitled to reasonable paid time off under the Fair Work Act 2009. The pay continues at the employee’s normal rate.

Who qualifies for union leave?

Union leave is available to employees who hold official representative positions in a recognised trade union. It does not extend to ordinary union members — only to those with specific representative roles such as shop stewards or workplace union officials.

Can my employer refuse union leave?

Employers cannot unreasonably refuse union leave. The time off must be reasonable in the circumstances, and employers should consult with the union on arrangements. If an employer refuses a reasonable request, the union representative can refer the matter to ACAS or the relevant industrial relations body.