Employment Rights Act 1996

Public duties E+W+S

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

(1) An employer shall permit an employee of his who is a justice of the peace to take time off during the employee’s working hours for the purpose of performing any of the duties of his office.

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

(a) a local authority,

(b) a statutory tribunal,

[F1 (c) a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority,]

(ca) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) [F3 an independent monitoring board for a prison] or a prison visiting committee,

(e) a relevant health body,

(f) a relevant education body, F4 . . .

(g) the Environment Agency or the Scottish Environment Protection Agency, [F5 or]

[F6 (h) Scottish Water F7 . . . , ]

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.[F8 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 M1 Trade 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 M2 Local Government Act 1972,

(b) a council constituted under section 2 of the M3 Local 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) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (2)(d)—

(a) [F10 “independent monitoring board” means a board] appointed under section 6(2) of the M4 Prison Act 1952, and

(b) “a prison visiting committee” means a visiting committee appointed under section 19(3) of the M5 Prisons (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—

(a) a National Health Service trust established under [F11 section 25 of the National Health Service Act 2006, section 18 of the National Health Service (Wales) Act 2006] or the M6 National Health Service (Scotland) Act 1978,

[F12 (ab) an NHS foundation trust, ]

(b) a [F13 Strategic Health Authority established under section 13 of the National Health Service Act 2006, a][F14 Local Health Board established under section 11 of the National Health Service (Wales) Act 2006]F15 . . . [F16 , a Special Health Authority established under [F17 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006] or a Primary Care Trust established under [F18 section 18 of the National Health Service Act 2006]], 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 [F19 local authority (as defined in section 579(1) of the Education Act 1996)],

[F20 (b) a further education corporation, sixth form college corporation or higher education corporation,]

(c) a school council appointed under section 125(1) of the M7 Local Government (Scotland) Act 1973,

[F21 (d) a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 M8 , ]

[F22 (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 M10 Further 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, F23 . . .

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

[F24 (i) F25 ... or

(j) the General Teaching Council for Wales.]

[F26 (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.]

[F27 (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

F1 S. 50(2)(c) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 31; S.I. 2007/709, art. 3(p)

F2 S. 50(2)(ca) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 86, Sch. 17; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7))

F3 Words in s. 50(2)(d) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(a); S.I. 2007/3001, art. 2(1)(p)(r)

F4 Word at end of s. 50(2)(f) omitted (14.8.2000) by virtue of S.I. 2000/1737, art. 2(a)

F5 S. 50(2)(h) and the word "or" immediately preceding it added (14.8.2000) by S.I. 2000/1737, art. 2(b)(c)

F6 S. 50(2)(h) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 18

F7 Words in s. 50(2)(h) omitted (28.10.2011) by virtue of The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 2, Sch. 3 para. 2

F8 S. 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)

F9 S. 50(6) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(s)(i)

F10 Words in s. 50(7)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 8(b); S.I. 2007/3001, art. 2(1)(p)(r)

F11 Words in s. 50(8)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(a) (with Sch. 3 Pt. 1)

F12 S. 50(8)(ab) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1)(4), Sch. 4 para. 100; S.I. 2004/759, art. 2 (as amended by S.I. 2006/836 and S.I. 2007/1102)

F13 Words in s. 50(8)(b) originally substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(i) (with Sch. 3 Pt. 1)

F14 Words 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)

F15 Words in s. 50(8)(b) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(ii) (with Sch. 3 Pt. 1)

F16 Words 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)

F17 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iii) (with Sch. 3 Pt. 1)

F18 Words in s. 50(8)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 179(b)(iv) (with Sch. 3 Pt. 1)

F19 Words in s. 50(9)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(2)

F20 S. 50(9)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(a)

F21 S. 50(9)(d) substituted (1.8.2007) by The Time Off for Public Duties (Parent Councils) Order 2007 (S.I. 2007/1837), art. 2

F22 S. 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)

F23 Word in s. 50(9) after para. (g) omitted (5.10.2000) by virtue of S.I. 2000/2463, art. 2(2)

F24 S. 50(9)(i)(j) inserted (5.10.2000) by S.I. 2000/2463, 2(3)

F25 S. 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

F26 S. 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)

F27 S. 50(9B) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 96(b)

Modifications etc. (not altering text)

C1 S. 50(3) applied (1.4.1998) by S.I. 1998/633, art. J12(2)

C2 S. 50(4) excluded (1.4.1998) by S.I. 1998/633, art. J12(1)

Marginal Citations

M1 1992 c. 52.

M2 1972 c. 70.

M3 1994 c. 39.

M4 1952 c. 52.

M5 1989 c. 45.

M6 1978 c. 29.

M7 1973 c. 65.

M8 2006 asp 8.

M9 1980 c. 44.

M10 1992 c. 37.

51 Complaints to [F28 employment tribunals]. E+W+S

(1) An employee may present a complaint to an [F28 employment tribunal] that his employer has failed to permit him to take time off as required by section 50.

(2) An [F28 employment 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.

[F29 (2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).]

(3) Where an [F28 employment 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

F28 Words 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

F29 S. 51(2A) inserted (20.5.2011 with application as mentioned in regs. 3 and 4 of the amending S.I.) by The Cross-Border Mediation (EU Directive) Regulations 2011 (S.I. 2011/1133), regs. 2, 35