lay-off the three months before that day of lay-off must
be looked at to see whether the employee has already
received the maximum five days’ guarantee pay. If the
lay-off was, for example, on 20 June and the worker
had been paid for lay-offs on 5 June, 27 May, 21 May,
4 April, and 2 April, he would not be entitled to a pay-
ment, but he would for a lay-off on 3 July.
An employee can go to a tribunal if the employer
fails to pay all or part of a guarantee payment which the
employee should have had. The tribunal can order the
employer to pay it. The employee must apply to a tribunal
within three months of the workless day or within such
longer period as the tribunal thinks reasonable if it is
satisfied that it was not reasonable or practicable for the
employee to present the claim in three months.
To pay during statutory time off
The ERA 1996 gives employees certain rights to time off
work. In twocases the employee is also entitled to be
paid during the time off. These situations are dealt with
here as part of the law relating to the right to be paid.
They are:
1 Time off with pay for carrying out union duties.
Sections 168 to 173 of the Trade Union and Labour
Relations (Consolidation) Act 1992 apply and provide
that officials, e.g. branch officers and shop stewards, of a
recognised and independent trade union must be given
paid time off in order to carry out their duties as union
officials. These include negotiation with the employer
and representing members in disciplinary matters but
not, perhaps obviously, lobbying Parliament in regard
to unwanted legislation as in Lucev Bexley London
Borough Council(1990). Paid time off must also be given
to union officials to take training in aspects of industrial
relations which are relevant to matters for which the
union is recognised by the employer. An independent
trade union is a union which is not dominated or con-
trolled by the employer and is not liable to interference
by the employer as some staff associations are.
It will be noted therefore that trade union officials will
be allowed paid time off for core union activities, such as
collective bargaining with management. The employee
is entitled to be paid his normal hourly rate.
If there is a breach by the employer of this duty,
the employee may complain to a tribunal which may
declare the employee’s rights in its order, so that the
employer may carry them out, and may also award money
compensation.
One of the most recent significant cases in the area
of trade union law is ASLEFv United Kingdom(2007).
The ECJ case concerns the freedom of trade unions
under the UK law to expel or exclude individuals on
the grounds of their political party membership, and the
Court concluded that the relevant part of the UK law
violated Art 11 of the European Convention on Human
Rights (freedom of peaceful assembly and to freedom of
association with others, including the right to form and
to join trade unions for the protection of his interests).
Section 19 of the Employment Act 2008 amended trade
union membership law in line with the ruling of the
European Court of Human Rights on AslefvUK.Trade union learning representatives
These workers have a right to take unpaid time off under
s 168A of the Trade Union and Labour Relations (Con-
solidation) Act 1992 (inserted by the Employment Act
2002). The learning representatives’ main function is to
advise union members about their training and educa-
tional and development needs. The advice is usually
given at the place of work, sometimes through face-to-
face meetings with individuals.
Union members are entitled to unpaid time off to
consult their learning representatives and are protected
against victimisation for taking advantage of the right to
consult.2 Redundant employees. An employee who has been
continuously employed by his employer for at least two
years and who is given notice of dismissal because of
redundancy has a right before the period of his notice
expires to reasonable time off during working hours so
that he can look for another job or make arrangements
for training for future employment.
While absent, the employee is entitled to be paid but
not more than two-fifths of a week’s pay in respect of the
time taken off. If the employer fails to pay at least this
sum, the employee can complain to a tribunal within three
months. The compensation awarded by the tribunal is
limited to two-fifths of a week’s pay. Anything the em-
ployer has paid is set off against the compensation.Other cases
There are other circumstances in which employees are
entitled to paid time off. Some of these are set out below:■pregnant employees who require time off for antenatal
care;Part 4Business resources