Trade Union and Labour Relations (Consolidation) Act 1992

168 Time off for carrying out trade union duties. E+W+S

(1) An employer shall permit an employee of his who is an official of an independent trade union recognised by the employer to take time off during his working hours for the purpose of carrying out any duties of his, as such an official, concerned with—

(a) negotiations with the employer related to or connected with matters falling within section 178(2) (collective bargaining) in relation to which the trade union is recognised by the employer, or

(b) the performance on behalf of employees of the employer of functions related to or connected with matters falling within that provision which the employer has agreed may be so performed by the trade union[F1 , or

(c) receipt of information from the employer and consultation by the employer under section 188 (redundancies) or under the [F2 Transfer of Undertakings (Protection of Employment) Regulations 2006]][F3 , or

(d) negotiations with a view to entering into an agreement under regulation 9 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 that applies to employees of the employer, or

(e) the performance on behalf of employees of the employer of functions related to or connected with the making of an agreement under that regulation.]

(2) He shall also permit such an employee to take time off during his working hours for the purpose of undergoing training in aspects of industrial relations—

(a) relevant to the carrying out of such duties as are mentioned in subsection (1), and

(b) approved by the Trades Union Congress or by the independent trade union of which he is an official.

(3) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken are those that are reasonable in all the circumstances having regard to any relevant provisions of a Code of Practice issued by ACAS.

(4) An employee may present a complaint to an [F4 employment tribunal] that his employer has failed to permit him to take time off as required by this section.

Textual Amendments

F1 S. 168(1)(c) and preceding word inserted (28.7.1999) by The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (S.I. 1999/1925), reg. 14

F2 Words in s. 168(1)(c) substituted (6.4.2006) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 20, Sch. 2 para. 1(e) (with reg. 21(1))

F3 S. 168(1)(d)(e) and preceding word inserted (6.4.2006) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 9(4) (with reg. 21(1))

F4 Words in s. 168(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 168(3)(4) applied (4.9.2000) by 1999 c. 26, s. 10(7) (with s. 15); S.I. 2000/242, art. 2(1) (with transitional provisions in arts. 3, 4)

C2 S. 168(3)(4) applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 47, Sch. 6 para. 9(6) (with regs. 44-46, Sch. 7)

C3 S. 168(3)(4) applied (6.4.2010) by The Employee Study and Training (Procedural Requirements) Regulations 2010 (S.I. 2010/155), regs. 1, 16(8)