Follow up

Time off for public duties

[Letter]

The right to time off for public duties

Conditions of entitlement

S.50 Employment Rights Act 1996 provides that the right to time off is available to employees who are either justices of the peace (JPs) or members of one of the following: (1) a local authority; (2) a statutory tribunal; (3) an independent monitoring board for a prison, a prison visiting committee or an independent prison monitor in Scotland; (4) a relevant health body, such as the National Health Service Commissioning Board, an NHS trust, an NHS foundation trust or the National Institute for Health and Care Excellence; (5) a relevant education body, such as a managing or governing body of an educational establishment maintained by a local authority, or a further education corporation, sixth form college corporation or higher education corporation; (6) the Environment Agency or the Scottish Environment Protection Agency; (7) Scottish Water; (8) a panel of lay observers (monitor conditions for prisoners under escort and in court custody); (9) a visiting committee (monitor conditions in immigration removal centres); or (10) a visiting committee for a short-term holding facility (monitor conditions at short-term holding immigration facilities at ports and airports).

Pro advice. An employee who is a JP is entitled to take time off for the purposes of performing any of the duties of that office. In the other cases, the employee is entitled to time off to attend a meeting of the relevant body or any of its committees or subcommittees, and to do any other thing approved by the body to discharge its functions. In the case of a local authority, it includes attending a meeting of its executive or an executive committee or discharging any function of that executive.

Amount of time off

The amount of time off, the occasions on which it may be taken and the conditions that you may attach to it are those that are “reasonable” in all the circumstances, having regard in particular to: (1) how much time off is required to perform the duty, and for the performance of the duties of the office or as a member of the body in general; (2) how much time off for public duties the employee has already been permitted (when considered alongside any time off granted for trade union duties and activities); and (3) the circumstances of your business and the effect of the employee’s absence on the running of it.

Pro advice. There’s no right to be paid for time off for public duties so, subject to the employment contract, any payment is at your discretion.

Pro advice. The legislation doesn’t set out how the right to time off is exercised. However, you can impose reasonable conditions on the exercise of it, for example, requiring the employee to request time off with as much advance notice as possible. Where you agree to grant time off to an employee, confirm this in writing (see Follow up ).

Pro advice. Alternatively, where you know an employee qualifies for time off for public duties, discuss it with them in advance and aim to reach an agreement on a reasonable pattern for future absences from work.

Pro advice. If you turn down a request for time off, document your reasons for doing so, taking into account the three factors set out above.

Pro advice. An employee may bring an employment tribunal claim alleging that you’ve failed to permit them to take reasonable time off for public duties. If their claim is successful, the tribunal may award such compensation as it considers just and equitable, having regard to your default and any relevant loss sustained by the employee.

Time off for public duties letter