Section 61 Right to time off for employee representatives.

England, Wales and Scotland

(1)

An employee who is—

(a)

an employee representative for the M1 purposes of Chapter II of Part IV of the M2 Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or F1 regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 , or

(b)

a candidate in an election in which any person elected will, on being elected, be such an employee representative,

is entitled to be permitted by his employer to take reasonable time off during the employee’s working hours in order to perform his functions as such an employee representative or candidate F2or in order to undergo training to perform such functions.

(2)

For the purposes of this section the working hours of an employee shall be taken to be any time when, in accordance with his contract of employment, the employee is required to be at work.

Annotations

Textual amendments

F1: Words in s. 61(1)(a) substituted (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 20, Sch. 2 para. 10(b)
F2: Words in s. 61(1) inserted (28.7.1999) by S.I. 1999/1925, reg. 15

Marginal citations

M1: S.I. 1981/1794.
M2: 1992 c. 52.

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)