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Part IIIE+W+S Rights in relation to union membership and activities

Time off for trade union duties and activitiesE+W+S

170 Time off for trade union activities.E+W+S

(1)An employer shall permit an employee of his who is a member of an independent trade union recognised by the employer in respect of that description of employee to take time off during his working hours for the purpose of taking part in—

(a)any activities of the union, and

(b)any activities in relation to which the employee is acting as a representative of the union.

(2)The right conferred by subsection (1) does not extend to activities which themselves consist of industrial action, whether or not in contemplation or furtherance of a trade dispute.

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

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