Trade Union and Labour Relations (Consolidation) Act 1992

169 Payment for time off under section 168. E+W+S

(1) An employer who permits an employee to take time off under section 168 [F1 or 168A] 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 shall 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 shall be paid an amount calculated by reference to the average hourly earnings for that work.

The average hourly earnings shall be those of the employee concerned or, 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.

(4) A right to be paid an amount under this section does not affect any right of an employee in relation to remuneration under his contract of employment, but—

(a) any contractual remuneration paid to an employee in respect of a period of time off to which this section applies shall go towards discharging any liability of the employer under this section in respect of that period, and

(b) any payment under this section in respect of a period shall go towards discharging any liability of the employer to pay contractual remuneration in respect of that period.

(5) An employee may present a complaint to an [F2 employment tribunal] that his employer has failed to pay him in accordance with this section.

Textual Amendments

F1 Word in s. 169(1) inserted (27.4.2003) by 2002 c. 22, ss. 43(3), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)

F2 Words in s. 169(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 S. 169 applied (4.9.2000) by 1999 c. 26, s. 10(7) (with s. 15); S.I. 2000/2424, art. 2 (with transitional provisions in arts. 3, 4)

C2 S. 169 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 47, Sch. 6 para. 9 (with regs. 44-46, Sch. 7)