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Time off for trade union duties/activities

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  • Date:
    1 October 1995
    Type:
    Law reports

    Time off: Employer must be aware of request for time off

    An employee cannot complain that he or she has been refused time off for trade union duties unless it is established that a request for time off was made which came to the notice of the employer's appropriate representative, and that they either refused it, ignored it or failed to respond to it, holds the EAT in Ryford Ltd v Drinkwater.

  • Date:
    1 September 1992
    Type:
    Law reports

    Equal paid time off for part-timers under Article 119

    In Arbeiterwohlfahrt der Stadt Berlin eV v Bötel (4 June 1992) EOR45A, the European Court of Justice rules that statutory time-off provisions which fail to compensate part-time workers for time spent on industrial relations training outside their normal working hours indirectly discriminate against women and are contrary to Article 119 of the EEC Treaty unless objectively justified by the Member States.

  • Date:
    1 April 1992
    Type:
    Law reports

    Time off: Right to paid time off only during working hours

    In Hairsine v Kingston-upon-Hull City Council, the EAT holds that a trade union official's right to paid time off work for training is limited to those hours when the employee would normally be at work. If the training course falls outside those hours, the employee is not entitled to paid time off "in lieu" during his or her contractual working hours.

  • Date:
    5 September 1990
    Type:
    Law reports

    Time off: Parliamentary lobby not a trade union activity

    An industrial tribunal was entitled to find that, in the circumstances of this case, lobbying of Parliament was not a trade union activity entitling union members to time off.

  • Date:
    24 January 1984
    Type:
    Law reports

    Time off: Relevance of agreed time off scheme

    In assessing the reasonableness of the amount of paid time off for trade union duties under s.27(2) of the EP(C)A, the terms of a collectively agreed time off scheme ought to be taken into account, suggests the EAT in Ashley v Ministry of Defence.

  • Date:
    18 April 1979
    Type:
    Law reports

    Time off for trade union activities: Entitlement to paid time off relates to contractual hours

    Section 27(1) of the Employment Protection (Consolidation) Act gives officials of recognised independent trade unions the right to time off with pay during their working hours to carry out their union duties and to undergo training. According to the Industrial Tribunal in Davies and Alderton v Head Wrightson Teesdale Ltd, the reference to the employee's "working hours" in s.27(1) means that a union official is entitled to be paid for time taken in accordance with this provision only in respect of time which, in accordance with his contract of employment, he would otherwise be required to be at work.