Trade Union and Labour Relations (Consolidation) Act 1992

281 Part-time employment. E+W+S

(1) Sections 168 and 170 (time off for trade union duties and activities) do not apply to employment under a contract which normally involves employment for less than sixteen hours weekly.

(2) If the employee’s relations with his employer cease to be governed by a contract which normally involve work for sixteen hours or more weekly and become governed by a contract which normally involves employment for eight hours or more, but less than sixteen hours, weekly, the employee shall nevertheless for a period of 26 weeks be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

(3) In computing that period of 26 weeks no account shall be taken of any week—

(a) during which the employee is in fact employed for sixteen hours or more;

(b) during which the employee takes part in a strike (as defined by paragraph 24 of Schedule 13 to the M1 Employment Protection (Consolidation) Act 1978); or

(c) during which there is no contract of employment but which by virtue of paragraph 9(1) of that Schedule counts in computing a period of continuous employment.

(4) An employee whose relations with his employer are governed by a contract of employment which normally involves employment for eight hours or more, but less than sixteen hours, weekly shall nevertheless, if he had been continuously employed for a period of five years or more be treated for the purposes of this section as if his contract normally involved employment for sixteen hours or more weekly.

(5) Section 151 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978 (computation of period of continuous employment), and any provision modifying or supplementing that section or Schedule for the purposes of that Act, apply for the purposes of this section; and references in this section to weeks are to weeks within the meaning of that Schedule.

(6) An employee’s normal working hours for the purposes of this section shall be calculated in accordance with Part I of Schedule 14 to that Act.

Marginal Citations

M1 1978 c. 44.