PAYROLL INSIGHT
point of mobilisation: right to reinstatement after demobilisation; right to continue to participate in their employer’s share option schemes. It is an offence for employers to terminate the employment without the employee’s consent solely or mainly because the employee has a liability to be mobilised. For the duration of a tour of active service, reservists can choose to continue making pension contributions to their occupational pension scheme, with the Ministry of Defence also contributing the employer’s portion. There is no statutory requirement for employees to be paid by their employer for the time off for reservist duties or training. For more information visit http:// bit.ly/2cfshQR. Public duties Employees who undertake public duties for an office or as a member of a public authority or body as defined in legislation, are to be permitted by their employer to take time off for performing the duties of the office (such as a justice of the peace, school governor). Employers may pay employees for this time off but are under no statutory duty to do so. Trade union officials Employees are entitled to reasonable time off to undertake trade union duties or for the purpose of acting as a union learning representative. They must be a member or official of an independent trade union recognised by the employer. The scope of duties does not extend to include involvement in industrial disputes and there are no age or service requirements. Employees are paid normal pay for the time off. There isn’t a legal definition of ‘reasonable time off’ but things to take into account comprise: the kind of work the business or organisation does; workloads; needs of line managers and co-workers; importance of health and safety at work; amount of time off reps have already had for trade union work. Be mindful of the difference for employees who are members of a trade union. They are entitled to take reasonable time off to undertake certain trade union activities that include the participation in trade union conferences and committees, and the attendance at meetings for discussing and voting on negotiations with
employees within a ninety-day period or transfer of an undertaking within the scope of TUPE. Employees who are either an employee representative or a candidate are entitled to take reasonable time off during normal working hours to perform the functions of an employee representative or a candidate or undergo training to perform such functions. Payment is at the appropriate hourly rate, which is derived from a ‘week’s pay’. Safety representative Safety representatives are either appointed or elected to undertake certain functions as defined under health and safety legislation. Trade union appointed safety representatives are entitled to paid time off to perform their statutory functions and to undergo training. The amount of time off for training must be reasonable. Elected safety representatives are entitled to paid time off to perform their functions and to undergo training. A candidate in an election to be a safety representative is entitled to paid time off to perform the functions as a candidate. Employees who are safety representatives are paid normal pay for the time off in respect of their duties. Redundancy An employee who has been given notice of redundancy is entitled to take reasonable time off to look for work or to arrange training. To be eligible employees must have been given notice of redundancy and have at least two years’ continuous employment with their employer, by the later of the date when either the employee’s notice ends, or the statutory minimum period of notice ends. The employee is to be paid for time-off at the appropriate hourly rate derived from a week’s pay. However, the employer is not liable to pay more than two-fifths (forty per cent) of a week’s pay regardless of the time-off allowed. Study and training Staff may have the right to ask for time off work for training or study. To be eligible they must be classed as an employee and have worked for their employer for at least 26 weeks, and there must be a minimum of 250 employees working in the organisation. The training must enable the employee to improve in their role. Time off is usually unpaid unless the
employers. However, there is no statutory requirement for employees to be paid by their employer for the time off. Full details can be found at http://bit. ly/2DHqsY0, and in an ACAS code of practice (http://bit.ly/2nXQ5wA). ...write to their employer saying it’s a request ‘under section 63D of the Employment Rights Act 1996’... Accompanying employees to meetings An employee is entitled to a reasonable amount of paid time off for accompanying a workplace colleague (‘companion leave’) at a meeting that is being held either as a discipline and grievance hearing or for an application to work flexibly. Employees are entitled to be paid normal pay for such companion leave. To be eligible the employee must work for the same or an associated employer as the employee in respect of whom the meeting is being held. This right extends to assisting the employee in preparation for the meetings; however, this is only for disciplinary and grievance proceedings and not for flexible working applications. For further guidance see ACAS guide athttp://bit.ly/2nXQ5wA. Employee representative Employees are able in certain representatives’ for certain purposes) to participate in consultations and negotiations with their employer as prescribed by the following legislation: ● Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ● Trade Union and Labour Relations (Consolidation) Act 1992 ● Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) ● Information and Consultation of Employees Regulations 2004. The circumstances include a redundancy situation involving more than twenty circumstances to elect or appoint representatives (called ‘negotiating
| Professional in Payroll, Pensions and Reward | March 2018 | Issue 38 18
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