(1)An employer shall permit an employee of his 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 following purposes.
(2)The purposes are—
(a)carrying on any of the following activities in relation to qualifying members of the trade union—
(i)analysing learning or training needs,
(ii)providing information and advice about learning or training matters,
(iii)arranging learning or training, and
(iv)promoting the value of learning or training,
(b)consulting the employer about carrying on any such activities in relation to such members of the trade union,
(c)preparing for any of the things mentioned in paragraphs (a) and (b).
(3)Subsection (1) only applies if—
(a)the trade union has given the employer notice in writing that the employee is a learning representative of the trade union, and
(b)the training condition is met in relation to him.
(4)The training condition is met if—
(a)the employee has undergone sufficient training to enable him to carry on the activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact,
(b)the trade union has in the last six months given the employer notice in writing that the employee will be undergoing such training, or
(c)within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact.
(5)Only one notice under subsection (4)(b) may be given in respect of any one employee.
(6)References in subsection (4) to sufficient training to carry out the activities mentioned in subsection (2) are to training that is sufficient for those purposes having regard to any relevant provision of a Code of Practice issued by ACAS or the Secretary of State.
(7)If an employer is required to permit an employee to take time off under subsection (1), he shall also permit the employee to take time off during his working hours for the following purposes—
(a)undergoing training which is relevant to his functions as a learning representative, and
(b)where the trade union has in the last six months given the employer notice under subsection (4)(b) in relation to the employee, undergoing such training as is mentioned in subsection (4)(a).
(8)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 provision of a Code of Practice issued by ACAS or the Secretary of State.
(9)An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section.
(10)In subsection (2)(a), the reference to qualifying members of the trade union is to members of the trade union—
(a)who are employees of the employer of a description in respect of which the union is recognised by the employer, and
(b)in relation to whom it is the function of the union learning representative to act as such.
(11)For the purposes of this section, a person is a learning representative of a trade union if he is appointed or elected as such in accordance with its rules.]
Textual Amendments
F1S. 168A inserted (27.4.2003) by Employment Act 2002 (c. 22), ss. 43(2), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)