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

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

173 Intepretation and other supplementary provisions.E+W+S

(1)For the purposes of sections 168 [F1, 168A] and 170 the working hours of an employee shall be taken to be any time when in accordance with his contract of employment he is required to be at work.

(2)The remedy of an employee for infringement of the rights conferred on him by section 168, [F2168A,] 169 or 170 is by way of complaint to an [F3employment tribunal] in accordance with this Part, and not otherwise.

[F4(3)The Secretary of State may by order made by statutory instrument amend section 168A for the purpose of changing the purposes for which an employee may take time off under that section.

F4(4)No order may be made under subsection (3) unless a draft of the order has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F1Word in s. 173(1) inserted (27.4.2003) by 2002 c. 22, ss. 53, 55(2), Sch. 7 para. 21(a); S.I. 2003/1190, art. 2(2)

F2Word in s. 173(1) inserted (27.4.2003) by 2002 c. 22, ss. 53, 55(2), Sch. 7 para. 21(a); S.I. 2003/1190, art. 2(2)

F3Words in s. 173(2) 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

F4S. 173(3)(4) inserted (27.4.2003) by 2002 c. 22, ss. 43(6), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)

Modifications etc. (not altering text)

C1S. 173 applied (4.9.2000) by 1999 c. 26, s. 10(7),(with s. 15); S.I. 2000/2242, art. 2 (with transitional provisions in arts. 3, 4)