Article 3 Transitional and saving provision
The Code of Practice on Time Off for Trade Union Duties and Activities does not apply to the extent it is relevant to any employment tribunal claim brought under section 168(4)(a) or section 168A(9)(a) of the 1992 Act (time off for carrying out trade union duties or for union learning representatives)f1 in respect of an employer’s failure to permit an employee to take time off, where the date of the failure occurs before 30th October 2026.
Annotations
Footnotes
- f1
-
Section 168 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); and section 64(2) of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”). There are other amendments to section 168 but none are relevant. Section 168A was inserted by section 43(2) of the Employment Act 2002 (c. 22), and amended by section 64(3) of the 2025 Act.