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Employment Rights Act 1996

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Changes to legislation:

Employment Rights Act 1996, Part VI is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part VIE+W+S Time off work

Public dutiesE+W+S

50 Right to time off for public duties.E+W+S

[F1(1)An employer shall permit an employee of his who is—

(a)a justice of the peace, or

(b)an independent prison monitor appointed in accordance with section 7B(2) of the Prisons (Scotland) Act 1989,

to take time off during the employee’s working hours for the purpose of performing any of the duties of the office.]

(2)An employer shall permit an employee of his who is a member of—

(a)a local authority,

(b)a statutory tribunal,

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F4an independent monitoring board for a prison] [F5or a prison visiting committee],

(e)a relevant health body,

(f)a relevant education body, F6. . .

(g)the Environment Agency or the Scottish Environment Protection Agency, F7...

[F8(h) Scottish Water F9 . . . , ]

[F10(i)a panel of lay observers appointed in accordance with section 81(1)(b) of the Criminal Justice Act 1991,

(j)a Visiting Committee appointed in accordance with section 152(1) of the Immigration and Asylum Act 1999, or

(k)a Visiting Committee appointed by the Secretary of State for a short-term holding facility (within the meaning given by section 147 of the Immigration and Asylum Act 1999).]

to take time off during the employee’s working hours for the purposes specified in subsection (3).

(3)The purposes referred to in subsection (2) are—

(a)attendance at a meeting of the body or any of its committees or sub-committees, and

(b)the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees.[F11 and

(c)in the case of a local authority which are operating executive arrangements—

(i)attendance at a meeting of the executive of that local authority or committee of that executive; and

(ii)the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.]

(4)The amount of time off which an employee is to be permitted to take under this section, and 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, in particular, to—

(a)how much time off is required for the performance of the duties of the office or as a member of the body in question, and how much time off is required for the performance of the particular duty,

(b)how much time off the employee has already been permitted under this section or sections 168 and 170 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 (time off for trade union duties and activities), and

(c)the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.

(5)In subsection (2)(a) “a local authority” means—

(a)a local authority within the meaning of the M2Local Government Act 1972,

(b)a council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994,

(c)the Common Council of the City of London,

(d)a National Park authority, or

(e)the Broads Authority.

(6)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In subsection (2)(d)—

(a)[F13 “independent monitoring board” means a board] appointed under section 6(2) of the M4Prison Act 1952, and

(b)[F14“a prison visiting committee” means a visiting committee appointed under section 19(3) of the M5Prisons (Scotland) Act 1989 or constituted by virtue of rules made under section 39 (as read with section 8(1)) of that Act.]

(8)In subsection (2)(e) “a relevant health body” means—

(za)[F15NHS England],

[F16(zb)an integrated care board established under section 14Z25 of the National Health Service Act 2006,]

(a)a National Health Service trust established under [F17section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006] or the M6National Health Service (Scotland) Act 1978,

[F18(ab) an NHS foundation trust, ]

[F19(ac)the National Institute for Health and Care Excellence,]

F20(ad). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(ae)the Health Services Safety Investigations Body,]

(b)F22... [F23a][F24 Local Health Board established under section 11 of the National Health Service (Wales) Act 2006]F25... [F26, a Special Health Authority established under [F27section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006] F28...] or

(c)a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.

(9)In subsection (2)(f) “a relevant education body” means—

(a)a managing or governing body of an educational establishment maintained by a [F29local authority (as defined in section 579(1) of the Education Act 1996)],

[F30(b)a further education corporation, sixth form college corporation or higher education corporation,]

(c)a school council appointed under section 125(1) of the M7Local Government (Scotland) Act 1973,

[F31(d) a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 M8 , ]

[F32(e) a board of management of a self-governing school within the meaning of section 135(1) of the M9 Education (Scotland) Act 1980, ]

(f)a board of management of a college of further education within the meaning of section 36(1) of the M10Further and Higher Education (Scotland) Act 1992,

(g)a governing body of a central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980, F33. . .

(h)a governing body of a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.

[F34(i)F35... or

(j)the General Teaching Council for Wales.]

[F36(9A)In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.]

[F37(9B) In subsection (9)(b) “ further education corporation ”, “ sixth form college corporation ” and “ higher education corporation ” have the same meanings as in the Further and Higher Education Act 1992. ]

(10)The Secretary of State may by order—

(a)modify the provisions of subsections (1) and (2) and (5) to (9) by adding any office or body, removing any office or body or altering the description of any office or body, or

(b)modify the provisions of subsection (3).

(11)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Textual Amendments

F6Word at end of s. 50(2)(f) omitted (14.8.2000) by virtue of S.I. 2000/1737, art. 2(a)

F7Word in s. 50(2) omitted (1.10.2018) by virtue of The Time Off for Public Duties Order 2018 (S.I. 2018/665), arts. 1, 2(b)(i)

F11S. 50(3)(c) and preceding word inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(a) and S.I. 2002/808, art. 29(a)

F22Words in s. 50(8)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 74(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F24Words in s. 50(8)(b) substituted (1.4.2007) by virtue of The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(3)

F26Words in s. 50(8)(b) substituted (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 30(2) (with s. 2(5)

F28Words in s. 50(8)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 74(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F32S. 50(9)(e) repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61, Sch. 3; S.S.I. 2004/528, art. 2(b)

F33Word in s. 50(9) after para. (g) omitted (5.10.2000) by virtue of S.I. 2000/2463, art. 2(2)

F34S. 50(9)(i)(j) inserted (5.10.2000) by S.I. 2000/2463, 2(3)

F35S. 50(9)(i) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 24; S.I. 2012/924, art. 2

F36S. 50(9A) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 30(b) and S.I. 2002/808, art. 29(b)

Modifications etc. (not altering text)

C1S. 50(3) applied (1.4.1998) by S.I. 1998/633, art. J12(2)

C2S. 50(4) excluded (1.4.1998) by S.I. 1998/633, art. J12(1)

Marginal Citations

51 Complaints to [F38employment tribunals].E+W+S

(1)An employee may present a complaint to an [F38employment tribunal] that his employer has failed to permit him to take time off as required by section 50.

(2)An [F38employment tribunal] shall not consider a complaint under this section that an employer has failed to permit an employee to take time off unless it is presented—

(a)before the end of the period of three months beginning with the date on which the failure occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F39(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an [F38employment tribunal] finds a complaint under this section well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in failing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters to which the complaint relates.

Textual Amendments

F38Words in s. 51(1)-(3) and sidenote to s. 51 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Looking for work and making arrangements for trainingE+W+S

52 Right to time off to look for work or arrange training.E+W+S

(1)An employee who is given notice of dismissal by reason of redundancy is entitled to be permitted by his employer to take reasonable time off during the employee’s working hours before the end of his notice in order to—

(a)look for new employment, or

(b)make arrangements for training for future employment.

(2)An employee is not entitled to take time off under this section unless, on whichever is the later of—

(a)the date on which the notice is due to expire, and

(b)the date on which it would expire were it the notice required to be given by section 86(1),

he will have been (or would have been) continuously employed for a period of two years or more.

(3)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

53 Right to remuneration for time off under section 52.E+W+S

(1)An employee who is permitted to take time off under section 52 is entitled to be paid remuneration by his employer for the period of absence at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the notice of dismissal was given.

(3)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the notice was given.

(4)If an employer unreasonably refuses to permit an employee to take time off from work as required by section 52, the employee is entitled to be paid an amount equal to the remuneration to which he would have been entitled under subsection (1) if he had been permitted to take the time off.

(5)The amount of an employer’s liability to pay remuneration under subsection (1) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.

(6)A right to any amount under subsection (1) or (4) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”).

(7)Any contractual remuneration paid to an employee in respect of a period of time off under section 52 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

54 Complaints to [F40employment tribunals].E+W+S

(1)An employee may present a complaint to an [F40employment tribunal] that his employer—

(a)has unreasonably refused to permit him to take time off as required by section 52, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 53(1) or (4).

(2)An [F40employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date on which it is alleged that the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F41(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an [F40employment tribunal] finds a complaint under this section well-founded, the tribunal shall—

(a)make a declaration to that effect, and

(b)order the employer to pay to the employee the amount which it finds due to him.

(4)The amount which may be ordered by a tribunal to be paid by an employer under subsection (3) (or, where the employer is liable to pay remuneration under section 53, the aggregate of that amount and the amount of that liability) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week’s pay of that employee.

Textual Amendments

F40Words in s. 54(1)-(3) and sidenote to s. 54 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Ante-natal careE+W+S

55 Right to time off for ante-natal care.E+W+S

(1)An employee who—

(a)is pregnant, and

(b)has, on the advice of a registered medical practitioner, registered midwife or [F42registered nurse] , made an appointment to attend at any place for the purpose of receiving ante-natal care,

is entitled to be permitted by her employer to take time off during the employee’s working hours in order to enable her to keep the appointment.

(2)An employee is not entitled to take time off under this section to keep an appointment unless, if her employer requests her to do so, she produces for his inspection—

(a)a certificate from a registered medical practitioner, registered midwife or [F42registered nurse] stating that the employee is pregnant, and

(b)an appointment card or some other document showing that the appointment has been made.

(3)Subsection (2) does not apply where the employee’s appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1).

(4)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with her contract of employment, the employee is required to be at work.

[F43(5)References in this section to a registered nurse are to such a nurse—

(a)who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001, and

(b)whose entry in that Part of the register is annotated to show that he holds a qualification in health visiting.]

Textual Amendments

F42Words in s. 55(1)(b)(2)(a) substituted by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54, Sch. 5 para. 13 (with art. 3(18)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

56 Right to remuneration for time off under section 55.E+W+S

(1)An employee who is permitted to take time off under section 55 is entitled to be paid remuneration by her employer for the period of absence at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.

(3)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.

(4)The considerations referred to in subsection (3)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of her contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

(5)A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under her contract of employment (“contractual remuneration”).

(6)Any contractual remuneration paid to an employee in respect of a period of time off under section 55 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

57 Complaints to [F44employment tribunals].E+W+S

(1)An employee may present a complaint to an [F44employment tribunal] that her employer—

(a)has unreasonably refused to permit her to take time off as required by section 55, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 56.

(2)An [F44employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date of the appointment concerned, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F45(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an [F44employment tribunal] finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee [F46an amount that is twice the amount of] the remuneration to which she would have been entitled under section 56 if the employer had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which she is entitled under section 56, the tribunal shall also order the employer to pay to the employee the amount which it finds due to her.

Textual Amendments

F44Words in s. 57(1)-(3) and sidenote to s. 57 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F46Words in s. 57(4) substituted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 130(1), 139(6); S.I. 2014/1640, art. 4(c) (with art. 11)

[F47Ante-natal care: agency workersU.K.

Textual Amendments

F47Ss. 57ZA-57ZD and heading inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), Reg. 25, Sch. 2 para. 93

57ZARight to time off for ante-natal care (agency workers)E+W+S

  (1) An agency worker who—

(a)is pregnant, and

(b)has, on the advice of a registered medical practitioner, registered midwife or registered nurse, made an appointment to attend at any place for the purpose of receiving ante-natal care,

is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order to enable her to keep the appointment.   (2) An agency worker is not entitled to be permitted by either of those persons to take time off under this section to keep an appointment unless, if that person requests her to do so, she produces for that person's inspection—

(a)a certificate from a registered medical practitioner, registered midwife or registered nurse stating that the agency worker is pregnant, and

(b)an appointment card or some other document showing that the appointment has been made.

  (3) Subsection (2) does not apply where the agency worker's appointment is the first appointment during her pregnancy for which she seeks permission to take time off in accordance with subsection (1).   (4) For the purposes of this section the working hours of an agency worker shall be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.   (5) In this section references to a registered nurse have the same meaning as in section 55.

57ZBRight to remuneration for time off under section 57ZAE+W+S

  (1) An agency worker who is permitted to take time off under section 57ZA is entitled to be paid remuneration by the temporary work agency for the period of absence at the appropriate hourly rate.

  (2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.

  (3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.

  (4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under her contract with the temporary work agency (“contractual remuneration”).

  (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZA goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.

57ZCComplaint to employment tribunal: agency workersE+W+S

  (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency—

(a)has unreasonably refused to permit her to take time off as required by section 57ZA, or

(b)has failed to pay the whole or any part of any amount to which she is entitled under section 57ZB.

  (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to permit her to take time off as required by section 57ZA.

  (3) An employment tribunal shall not consider a complaint under subsection (1) or (2) unless it is presented—

(a)before the end of the period of three months beginning with the date of the appointment concerned, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F48(3A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (3)(a).]

  (4) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

  (5) If the complaint is that the temporary work agency or hirer has unreasonably refused to permit the agency worker to take time off, the tribunal shall also order payment to the agency worker of [F49an amount that is twice the amount of] the remuneration to which she would have been entitled under section 57ZB if she had not been refused the time off.

  (6) Where the tribunal orders payment under subsection (5), the amount payable by each party shall be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

(7)If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which she is entitled under section 57ZB, the tribunal shall also order the temporary work agency to pay to the agency worker the amount which it finds due to her.

Textual Amendments

F49Words in s. 57ZC(5) substituted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 130(2), 139(6); S.I. 2014/1640, art. 4(c) (with art. 11)

57ZDAgency workers: supplementaryE+W+S

  (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law sections 57ZA to 57ZC do not apply where the agency worker—

(a)has not completed the qualifying period, or

(b)is no longer entitled to the rights conferred by regulation 5 of the Agency Workers Regulations 2010 pursuant to regulation 8(a) or (b) of those Regulations.

  (2) Nothing in those sections imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration of the assignment, whichever is the longer.

  (3) Those sections do not apply where sections 55 to 57 apply.

  (4) In this section and sections 57ZA to 57ZC the following have the same meaning as in the Agency Workers Regulations 2010—

  • “agency worker”;

  • “assignment”;

  • “hirer”;

  • “qualifying period”;

  • “temporary work agency”.]

[F50Accompanying to ante-natal appointmentsE+W+S

Textual Amendments

F50Ss. 57ZE-57ZI and cross-headings inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 127(1), 139(6); S.I. 2014/1640, art. 4(a)

57ZERight to time off to accompany to ante-natal appointmentE+W+S

(1)An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.

(2)In relation to any particular pregnancy, an employee is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.

(3)On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

(4)An employee is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.

(5)Where the employer requests the employee to give the employer a declaration signed by the employee, the employee is not entitled to take time off for the purpose specified in subsection (1) unless the employee gives that declaration (which may be given in electronic form).

(6)The employee must state in the declaration—

(a)that the employee has a qualifying relationship with a pregnant woman or her expected child,

(b)that the employee's purpose in taking time off is the purpose specified in subsection (1),

(c)that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and

(d)the date and time of the appointment.

(7)A person has a qualifying relationship with a pregnant woman or her expected child if—

(a)the person is the husband or civil partner of the pregnant woman,

(b)the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,

(c)the person is the father of the expected child,

(d)the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, F51...

(e)the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child, [F52or

(f)the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.]

(8)For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.

(9)The references to relationships in subsection (8)—

(a)are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

(b)include the relationship of a child with the child's adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(10)For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

(a)A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),

(b)the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),

(c)the requirement in section 54(1)(b) is satisfied by reference to A or B,

(d)A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and

(e)A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.

[F53(10A)For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

(a)the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),

(b)the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),

(c)the requirement in section 54A(1)(b) is satisfied by reference to the person, and

(d)the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.]

(11)The references in this section to a registered nurse are references to a registered nurse—

(a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and

(b)whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.

(12)For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

Textual Amendments

57ZFComplaint to employment tribunalE+W+S

(1)An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE.

(2)An employment tribunal may not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F54(3)Section 207B applies for the purposes of subsection (2)(a).]

(4)Where an employment tribunal finds a complaint under subsection (1) well-founded, it—

(a)must make a declaration to that effect, and

(b)must order the employer to pay to the employee an amount determined in accordance with subsection (5).

(5)The amount payable to the employee is—

where—

a

A is the appropriate hourly rate for the employee, and

b

B is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.

(6)The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken.

(7)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances.

(8)The considerations referred to in subsection (7)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

Textual Amendments

Accompanying to ante-natal appointments: agency workersE+W+S

57ZGRight to time off to accompany to ante-natal appointment: agency workersE+W+S

(1)An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.

(2)In relation to any particular pregnancy, an agency worker is not entitled to take time off for the purpose specified in subsection (1) on more than two occasions.

(3)On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

(4)An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse.

(5)Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form).

(6)The agency worker must state in the declaration—

(a)that the agency worker has a qualifying relationship with a pregnant woman or her expected child,

(b)that the agency worker's purpose in taking time off is the purpose specified in subsection (1),

(c)that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and

(d)the date and time of the appointment.

(7)A person has a qualifying relationship with a pregnant woman or her expected child if—

(a)the person is the husband or civil partner of the pregnant woman,

(b)the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman,

(c)the person is the father of the expected child,

(d)the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, F55...

(e)the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child[F56, or

(f)the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.]

(8)For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle.

(9)The references to relationships in subsection (8)—

(a)are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

(b)include the relationship of a child with the child's adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(10)For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

(a)A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3),

(b)the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a),

(c)the requirement in section 54(1)(b) is satisfied by reference to A or B,

(d)A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and

(e)A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application.

[F57(10A)For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—

(a)the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),

(b)the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),

(c)the requirement in section 54A(1)(b) is satisfied by reference to the person, and

(d)the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.]

(11)The references in this section to a registered nurse are references to a registered nurse—

(a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253), and

(b)whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting.

(12)For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

Textual Amendments

57ZHComplaint to employment tribunal: agency workersE+W+S

(1)An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG.

(2)An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG.

(3)An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F58(4)Section 207B applies for the purposes of subsection (3)(a).]

(5)Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it—

(a)must make a declaration to that effect, and

(b)must order the payment to the agency worker of an amount determined in accordance with subsection (7).

(6)Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

(7)The amount payable to the agency worker is—

where—

a

A is the appropriate hourly rate for the agency worker, and

b

B is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.

(8)The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken.

(9)But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken.

Textual Amendments

57ZIAgency workers: supplementaryE+W+S

(1)Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker—

(a)has not completed the qualifying period, or

(b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.

(2)Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.

(3)Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply.

(4)In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010—

  • “agency worker”;

  • “assignment”;

  • “hirer”;

  • “qualifying period”;

  • “temporary work agency”.]

[F59Adoption appointmentsE+W+S

Textual Amendments

F59Ss. 57ZJ-57ZS and cross-headings inserted (5.4.2015) by Children and Families Act 2014 (c. 6), ss. 128(1), 139(6); S.I. 2014/1640, art. 6(d)

57ZJRight to paid time off to attend adoption appointmentsE+W+S

(1)An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(2)An employee who—

(a)has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and

(b)has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(3)An employee may not make an election for the purposes of subsection (2)(b) if—

(a)the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or

(b)the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption.

(4)An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.

(5)In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions.

(6)On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

(7)An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).

(8)An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

(9)An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer—

(a)a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and

(b)a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

(10)A document or declaration requested under subsection (8) or (9) may be given in electronic form.

(11)In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if—

(a)the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

(b)the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

(c)the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;

(d)the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

(e)the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

(12)For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

(13) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZKRight to remuneration for time off under section 57ZJE+W+S

(1)An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.

(3)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.

(4)The considerations referred to in subsection (3)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

(5)A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”).

(6)Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period.

(7)Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

57ZLRight to unpaid time off to attend adoption appointmentsE+W+S

(1)An employee who—

(a)has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and

(b)has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during the employee's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(2)An employee may not make an election for the purposes of subsection (1)(b) if—

(a)the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or

(b)the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption.

(3)An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee.

(4)In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions.

(5)On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours.

(6)An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).

(7)An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer—

(a)a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and

(b)a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).

(8)A declaration or document requested under subsection (7) may be given in electronic form.

(9)In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if—

(a)the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

(b)the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

(c)the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;

(d)the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

(e)the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

(10)For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work.

(11) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZMComplaint to employment tribunalE+W+S

(1)An employee may present a complaint to an employment tribunal that his or her employer—

(a)has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK.

(2)An employment tribunal may not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F60(3)Section 207B applies for the purposes of subsection (2)(a).]

(4)Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect.

(5)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused.

(6)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee.

(7)If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8).

(8)The amount payable to the employee is—

where—

a

A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), and

b

B is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.

Textual Amendments

Adoption appointments: agency workersE+W+S

57ZNRight to paid time off to attend adoption appointments: agency workersE+W+S

(1)An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(2)An agency worker who—

(a)has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and

(b)has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(3)An agency worker may not make an election for the purposes of subsection (2)(b) if—

(a)the agency worker has made an election for the purposes of section 57ZP(1)(b) in connection with the adoption, or

(b)the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZJ(2)(b) in connection with the adoption.

(4)An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.

(5)In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than five occasions.

(6)On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

(7)An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a).

(8)An agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

(9)An agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—

(a)a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (2)(b) in connection with the adoption, and

(b)a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7).

(10)A document or declaration requested under subsection (8) or (9) may be given in electronic form.

(11)In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this section has effect as if—

(a)the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

(b)the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

(c)the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement;

(d)the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

(e)the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

(12)For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

(13) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZORight to remuneration for time off under section 57ZNE+W+S

(1)An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken.

(3)But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken.

(4)A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”).

(5)Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period.

(6)Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period.

57ZPRight to unpaid time off to attend adoption meetings: agency workersE+W+S

(1)An agency worker who—

(a)has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and

(b)has elected to exercise the right to take time off under this section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption.

(2)An agency worker may not make an election for the purposes of subsection (1)(b) if—

(a)the agency worker has made an election for the purposes of section 57ZN(2)(b) in connection with the adoption, or

(b)the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZL(1)(b) in connection with the adoption.

(3)An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker.

(4)In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than two occasions.

(5)On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours.

(6)An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a).

(7)An agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person—

(a)a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (1)(b) in connection with the adoption, and

(b)a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6).

(8)A declaration or document requested under subsection (7) may be given in electronic form.

(9)In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this section has effect as if—

(a)the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement;

(b)the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement;

(c)the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement;

(d)the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement;

(e)the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement.

(10)For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work.

(11) In this section “ adoption agency ” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007.

57ZQComplaint to employment tribunal: agency workersE+W+S

(1)An agency worker may present a complaint to an employment tribunal that the temporary work agency—

(a)has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP, or

(b)has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO.

(2)An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP.

(3)An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented—

(a)before the end of the period of three months beginning with the day of the appointment in question, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F61(4)Section 207B applies for the purposes of subsection (3)(a).]

(5)Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it must make a declaration to that effect.

(6)If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off.

(7)If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker.

(8)If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9).

(9)The amount payable to the agency worker under subsection (8) is—

where—

a

A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), and

b

B is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.

(10)Where the tribunal orders that payment under subsection (6) or (8) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates.

Textual Amendments

57ZRAgency workers: supplementaryE+W+S

(1)Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where the agency worker—

(a)has not completed the qualifying period, or

(b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 ( S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations.

(2)Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer.

(3)Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply.

(4)In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010—

  • “agency worker”;

  • “assignment”;

  • “hirer”;

  • “qualifying period”;

  • “temporary work agency”.

57ZSPlacement of looked after children with prospective adoptersE+W+S

(1)Subsection (2) applies where a local authority in England notifies a person—

(a)who is a local authority foster parent, and

(b)who has been approved as a prospective adopter,

that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989.

(2)Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—

(a)references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter;

(b)references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter;

(c)references to an adoption agency were references to a local authority in England.

[F62(2A)Subsection (2B) applies where a local authority in Wales notifies a person—

(a)who is a local authority foster parent, and

(b)who has been approved as prospective adopter,

that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.

(2B)Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—

(a)references to adoption or placement for adoption were references to placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;

(b)references to placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;

(c)references to an adoption agency were references to a local authority in Wales.]

(3)Where a child is placed under section 22C of the Children Act 1989[F63or section 81 of the Social Services and Well-being (Wales) Act 2014] with a local authority foster parent who has been approved as a prospective adopter, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.]

Textual Amendments

[F64DependantsE+W+S

Textual Amendments

F64Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II

F65 57A Time off for dependants.E+W+S

(1)An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—

(a)to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,

(b)to make arrangements for the provision of care for a dependant who is ill or injured,

(c)in consequence of the death of a dependant,

(d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or

(e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.

(2)Subsection (1) does not apply unless the employee—

(a)tells his employer the reason for his absence as soon as reasonably practicable, and

(b)except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.

(3) Subject to subsections (4) and (5), for the purposes of this section “ dependant ” means, in relation to an employee—

(a)a spouse [F66or civil partner] ,

(b)a child,

(c)a parent,

(d)a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.

(4) For the purposes of subsection (1)(a) or (b) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—

(a)for assistance on an occasion when the person falls ill or is injured or assaulted, or

(b)to make arrangements for the provision of care in the event of illness or injury.

(5) For the purposes of subsection (1)(d) “ dependant ” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.

(6)A reference in this section to illness or injury includes a reference to mental illness or injury.

Textual Amendments

F65Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II

F66Words in s. 57A(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 151; S.I. 2005/3175, art. 2(2) (Subject to art. 2(3)-(5))

F67 57B Complaint to employment tribunal.E+W+S

(1)An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by section 57A.

(2)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date when the refusal occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F68(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an employment tribunal finds a complaint under subsection (1) well-founded, it—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in refusing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters complained of.]

Textual Amendments

F67Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II

Occupational pension scheme trusteesE+W+S

58 Right to time off for pension scheme trustees.E+W+S

(1)The employer in relation to a relevant occupational pension scheme shall permit an employee of his who is a trustee of the scheme to take time off during the employee’s working hours for the purpose of—

(a)performing any of his duties as such a trustee, or

(b)undergoing training relevant to the performance of those duties.

(2)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, in particular, to—

(a)how much time off is required for the performance of the duties of a trustee of the scheme and the undergoing of relevant training, and how much time off is required for performing the particular duty or for undergoing the particular training, and

(b)the circumstances of the employer’s business and the effect of the employee’s absence on the running of that business.

[F69(2A)This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).]

(3)In this section—

(a) “ relevant occupational pension scheme ” means an occupational pension scheme (as defined in section 1 of the M11 Pension Schemes Act 1993) established under a trust, and

(b)references to the employer, in relation to such a scheme, are to an employer of persons in the description or category of employment to which the scheme relates [F70, and

F70( c )references to training are to training on the employer’s premises or elsewhere.]

(4)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Textual Amendments

F69S. 58(2A) inserted (11.11.1999 for specified purposes and otherwise 25.4.2000) by 1999 c. 30, ss. 18, 89(1)(5)(a), Sch. 2 para. 19(3); S.I. 2000/1047, art. 2(2), Sch. Pt. II

F70S. 58(3)(c) and preceding word “and” inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 12 (with s. 42(8)); S.I. 1999/987, art. 2

Modifications etc. (not altering text)

C3S. 58 applied (11.11.1999 for specified purposes and otherwise 8.10.2001) by 1999 c. 30, s. 6(2), (with s. 8(6)); S.I. 2000/1047, art. 2(2), Sch. Pt. V

Commencement Information

I1S. 58 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2

Marginal Citations

59 Right to payment for time off under section 58.E+W+S

(1)An employer who permits an employee to take time off under section 58 shall pay him for the time taken off pursuant to the permission.

(2)Where the employee’s remuneration for the work he would ordinarily have been doing during that time does not vary with the amount of work done, he must be paid as if he had worked at that work for the whole of that time.

(3)Where the employee’s remuneration for the work he would ordinarily have been doing during that time varies with the amount of work done, he must be paid an amount calculated by reference to the average hourly earnings for that work.

(4)The average hourly earnings mentioned in subsection (3) are—

(a)those of the employee concerned, or

(b)if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.

(5)A right to be paid an amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”).

(6)Any contractual remuneration paid to an employee in respect of a period of time off under section 58 goes towards discharging any liability of the employer under subsection (1) in respect of that period; and, conversely, any payment under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

Commencement Information

I2S. 59 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2

60 Complaints to [F71employment tribunals].E+W+S

(1)An employee may present a complaint to an [F71employment tribunal] that his employer—

(a)has failed to permit him to take time off as required by section 58, or

(b)has failed to pay him in accordance with section 59.

(2)An [F71employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the date when the failure occurred, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F72(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an [F71employment tribunal] finds a complaint under subsection (1)(a) well-founded, the tribunal—

(a)shall make a declaration to that effect, and

(b)may make an award of compensation to be paid by the employer to the employee.

(4)The amount of the compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to—

(a)the employer’s default in failing to permit time off to be taken by the employee, and

(b)any loss sustained by the employee which is attributable to the matters complained of.

(5)Where on a complaint under subsection (1)(b) an [F71employment tribunal] finds that an employer has failed to pay an employee in accordance with section 59, it shall order the employer to pay the amount which it finds to be due.

Textual Amendments

F71Words in s. 60(1)-(3)(5) and sidenote to s. 60 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I3S. 60 wholly in force at 6.10.1996, see Sch. 2 para. 15(1) and S.I. 1996/2514, art. 2

Employee representativesE+W+S

61 Right to time off for employee representatives.E+W+S

(1)An employee who is—

(a) an employee representative for the M12 purposes of Chapter II of Part IV of the M13 Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or [F73 regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ] , or

(b)a candidate in an election in which any person elected will, on being elected, be such an employee representative,

is entitled to be permitted by his employer to take reasonable time off during the employee’s working hours in order to perform his functions as such an employee representative or candidate [F74or in order to undergo training to perform such functions].

(2)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Textual Amendments

F73Words in s. 61(1)(a) substituted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 20, Sch. 2 para. 10(b)

F74Words in s. 61(1) inserted (28.7.1999) by S.I. 1999/1925, reg. 15

Marginal Citations

62 Right to remuneration for time off under section 61.E+W+S

(1)An employee who is permitted to take time off under section 61 is entitled to be paid remuneration by his employer for the time taken off at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.

(3)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee’s normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.

(4)The considerations referred to in subsection (3)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of his contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

(5)A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“contractual remuneration”).

(6)Any contractual remuneration paid to an employee in respect of a period of time off under section 61 goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

63 Complaints to [F75employment tribunals].E+W+S

(1)An employee may present a complaint to an [F75employment tribunal] that his employer—

(a)has unreasonably refused to permit him to take time off as required by section 61, or

(b)has failed to pay the whole or any part of any amount to which the employee is entitled under section 62.

(2)An [F75employment tribunal] shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F76(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an [F75employment tribunal] finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 62 if the employer had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 62, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.

Textual Amendments

F75Words in s. 63(1)-(3) and sidenote to s. 63 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[F7763A Right to time off for young person [F78in Wales or Scotland] for study or training.E+W+S

(1)An employee who—

(a)is aged 16 or 17,

(b)is not receiving full-time secondary or further education, and

( c )has not attained such standard of achievement as is prescribed by regulations made by the Secretary of State,

is entitled to be permitted by his employer to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.

( 2 )In this section—

(a) “ secondary education ”—

(i) in relation to England and Wales, has the same meaning as in the M14 Education Act 1996, and

(ii) in relation to Scotland, has the same meaning as in section 135(2)(b) of the M15 Education (Scotland) Act 1980;

(b) “ further education ”—

(i)in relation to England and Wales, [F79has the same meaning as in the Education Act 1996,] and

(ii) in relation to Scotland, has the same meaning as in section 1(3) of the M16 Further and Higher Education (Scotland) Act 1992; and

( c ) “ relevant qualification ” means an external qualification the attainment of which—

(i)would contribute to the attainment of the standard prescribed for the purposes of subsection (1)(c), and

(ii)would be likely to enhance the employee’s employment prospects (whether with his employer or otherwise);

and for the purposes of paragraph (c) “ external qualification ” means an academic or vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations made by the Secretary of State.

(3)An employee who—

(a)satisfies the requirements of paragraphs (a) to (c) of subsection (1), and

(b) is for the time being supplied by his employer to another person (“ the principal ”) to perform work in accordance with a contract made between the employer and the principal,

is entitled to be permitted by the principal to take time off during the employee’s working hours in order to undertake study or training leading to a relevant qualification.

(4)Where an employee—

(a)is aged 18,

(b)is undertaking study or training leading to a relevant qualification, and

(c)began such study or training before attaining that age,

subsections (1) and (3) shall apply to the employee, in relation to that study or training, as if “or 18” were inserted at the end of subsection (1)(a).

(5)The amount of time off which an employee is to be permitted to take under this section, and 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, in particular, to—

(a)the requirements of the employee’s study or training, and

(b)the circumstances of the business of the employer or the principal and the effect of the employee’s time off on the running of that business.

[F80(5A)References in this section to an employee do not include a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds in England) applies, or is treated by section 29 of that Act (extension for person reaching 18) as applying.]

(6)Regulations made for the purposes of subsections (1)(c) and (2) may make different provision for different cases, and in particular may make different provision in relation to England, Wales and Scotland respectively.

(7)References in this section to study or training are references to study or training on the premises of the employer or (as the case may be) principal or elsewhere.

(8)For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.]

Textual Amendments

F77S. 63A inserted (1.9.1999) by 1998 c. 30, s. 32 (with s. 42(8)); S.I. 1999/987, art. 2

F78Words in s. 63A title inserted (28.6.2013) by Education and Skills Act 2008 (c. 25), ss. 39(2), 173(4) (with ss. 62(3)-(6), 64(4)-(6)); S.I. 2013/1204, art. 2(q) (with art. 4)

F79Words in s. 63A substituted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 50, S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

Modifications etc. (not altering text)

C4S. 63A(1)(c)(2): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C5S. 63A(2)(c) extended (1.9.2001) by S.I. 2001/2801, reg. 5

Marginal Citations

[F8163B Right to remuneration for time off under section 63A.E+W+S

(1)An employee who is permitted to take time off under section 63A is entitled to be paid remuneration by his employer for the time taken off at the appropriate hourly rate.

(2)The appropriate hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken.

(3)But where the number of normal working hours differs from week to week or over a longer period, the amount of one week’s pay shall be divided instead by—

(a)the average number of normal working hours calculated by dividing by twelve the total number of the employee’s working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or

(b)where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances.

(4)The considerations referred to in subsection (3)(b) are—

(a)the average number of normal working hours in a week which the employee could expect in accordance with the terms of his contract, and

(b)the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer.

(5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under his contract of employment (“ contractual remuneration ”).

(6)Any contractual remuneration paid to an employee in respect of a period of time off under section 63A goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period; and, conversely, any payment of remuneration under subsection (1) in respect of a period goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period.]

Textual Amendments

F81Ss. 63B, 63C inserted (1.9.1999) by 1998 c. 30, s. 33 (with s. 42(8)); S.I. 1999/987, art. 2

F82 63C Complaints to employment tribunals.E+W+S

(1)An employee may present a complaint to an employment tribunal that—

(a)his employer, or the principal referred to in subsection (3) of section 63A, has unreasonably refused to permit him to take time off as required by that section, or

(b)his employer has failed to pay the whole or any part of any amount to which the employee is entitled under section 63B.

(2)An employment tribunal shall not consider a complaint under this section unless it is presented—

(a)before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

[F83(2A)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).]

(3)Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.

(4)If the complaint is that the employer or the principal has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer or the principal, as the case may be, to pay to the employee an amount equal to the remuneration to which he would have been entitled under section 63B if the employer or the principal had not refused.

(5)If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which he is entitled under section 63B, the tribunal shall also order the employer to pay to the employee the amount which it finds due to him.

Textual Amendments

F82Ss. 63B, 63C inserted (1.9.1999) by 1998 c. 30, s. 33 (with s. 42(8)); S.I. 1999/987, art. 2

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