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Learning Reps and Equality Reps time off recognition agreement

Renfrewshire Council · 31 March 2026
Back to Renfrewshire Council Joint Negotiating Committee for Teaching Staff — 31 March 2026 and its agenda

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Agenda Item ..........
Renfrewshire Joint Negotiating Committee for Teachers
To: Renfrewshire Joint Negotiating Committee for Teachers
On: 31st March 2026
Report by
Joint Secretary (Teachers’ Side)
Learning Rep’ and Equality Rep’: Policy on Time off to Undertake Duties
1. Background
The Employment Rights Act, 2025 became law on 18 December 2025. The Act
introduces additions and amendments to existing legislation, including the
Employment Rights Act 1996. The employment law changes included in the Act are
planned to be phased in over 2026 and 2027. 
The Act makes some changes to workplaces and introduces new rights for
employees. One change, in Section 65 of the Act, recognises the role of Equality Reps
and the need for paid time off to undertake the duties.
There is a requirement that the Equality reps will have undergone appropriate training
and the Act outlines the duties of the role as :
(a) carrying out activities for the purpose of promoting the value of equality in the
workplace;
(b) arranging learning or training on matters relating to equality in the workplace;
(c) providing information, advice or support to qualifying members of the trade union
in relation to matters relating to equality in the workplace;
(d) consulting with the employer on matters relating to equality in the workplace;
(e) obtaining and analysing information relating to equality in the workplace;
(f) preparing for any of the things mentioned in paragraphs (a) to (e).
Learning Reps have also had a statutory right to time off to undertake separate duties
since the creation of this role in the Employment Act 2002 but there is, as yet, no
written agreement or policy in Renfrewshire in recognition of this.  It is therefore long
overdue that such an agreement is put in place.  The duties of the Learning Rep are
defined in the Act as:
a. carrying on any of the following activities in relation to qualifying members of
the trade union—
b. analysing learning or training needs,
c. providing information and advice about learning or training matters,
d. arranging learning or training, and promoting the value of learning or training,
e. consulting the employer about carrying on any such activities in relation to such
members of the trade union,
f. preparing for any of the things mentioned in (a) and (b).

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And, under the terms of the Act an employer should permit an employee who is
(a) a member of an independent trade union recognised by the employer, and
(b) a learning representative of the trade union,
to take time off during his working hours for any of the above duties.
Other Local Authorities such as South Ayrshire, have created a policy which may
provide a template for a local agreement which might be expanded to incorporate the
Equality Rep role.  A link to that agreement is below.
https://www.snct.org.uk/library/3570/JNCT1.20%20Learning%20Rep%20Agreement
.pdf
There are already several Trade Union activities arranged and organised by the
current local EIS Learning Rep and EIS Equality reps that are undertaken largely in
their own time but this is not  a sustainable  model without  time to undertake these
duties.  The Trade Unions are therefore seeking closer collaboration between
Management and the reps which will be  to the  benefit of Renfrewshire teachers and
which will enhance the CLPL opportunities already offered. 
2. Recommendations
That in order to comply with the Employment Rights Act, 2025, a  short- life JNC sub-
group is convened  to allow for discussions between Management Side and Trade
Unions tasked with creating a Renfrewshire policy on paid time off for both Learning
Reps and Equality Reps.  And, subsequently that the agreement  is ratified by the JNC
before the end of session 2025-2026.