(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.
[F1(2A)The right conferred by subsection (1) does not extend to time off for the purpose of acting as, or having access to services provided by, a learning representative of a trade union.
(2B)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 having access to services provided by a person in his capacity as a learning representative of the trade union.
(2C)Subsection (2B) only applies if the learning representative would be entitled to time off under subsection (1) of section 168A for the purpose of carrying on in relation to the employee activities of the kind mentioned in subsection (2) of that section.]
(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 [F2employment tribunal] that his employer has failed to permit him to take time off as required by this section.
[F3(5)For the purposes of this section—
(a)a person is a learning representative of a trade union if he is appointed or elected as such in accordance with its rules, and
(b)a person who is a learning representative of a trade union acts as such if he carries on the activities mentioned in section 168A(2) in that capacity.]
Textual Amendments
F1S. 170(2A)-(2C) inserted (27.4.2003) by 2002 c. 22, ss. 43(4), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)
F2Words in s. 170(4) 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
F3S. 170(5) inserted (27.4.2003) by 2002 c. 22, ss. 43(5), 55(2); S.I. 2003/1190, art. 2(1) (with art. 3)