Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
98

(a)
the employee has made an election for the purposes of section
57ZL(1)(b) in connection with the adoption, or
(b)
the other person with whom the child is to be, or is expected to
be, placed for adoption has made an election for the purposes of
subsection (2)(b) or section 57ZN(2)(b) in connection with the
5
adoption.
(4)
An employee is not entitled to take time off under this section on or
after the date of the child’s placement for adoption with the employee.
(5)
In relation to any particular adoption, an employee is not entitled to
take time off under this section on more than five occasions.
10
(6)
On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.
(7)
An employee is not entitled to take time off under this section unless
the appointment has been arranged by or at the request of the adoption
agency which made the notification described in subsection (1) or
15
(2)(a).
(8)
An employee is not entitled to take time off under subsection (1) unless,
if the employer requests it, the employee gives the employer a
document showing the date and time of the appointment in question
and that it has been arranged as described in subsection (7).
20
(9)
An employee is not entitled to take time off under subsection (2) unless,
if the employer requests it, the employee gives the employer—
(a)
a declaration signed by the employee stating that the employee
has made an election for the purposes of subsection (2)(b) in
connection with the adoption, and
25
(b)
a document showing the date and time of the appointment in
question and that it has been arranged as described in
subsection (7).
(10)
A document or declaration requested under subsection (8) or (9) may
be given in electronic form.
30
(11)
In cases where more than one child is to be, or is expected to be, placed
for adoption with an employee as part of the same arrangement, this
section has effect as if—
(a)
the purposes specified in subsections (1) and (2) were the
purpose of having contact with any one or more of the children
35
and any other purpose connected with any of the adoptions that
are part of the arrangement;
(b)
the references in subsections (2)(b) and (9)(a) to the adoption
were references to all of the adoptions that are part of the
arrangement;
40
(c)
the references in subsection (3) to the adoption were references
to any of the adoptions that are part of the arrangement;
(d)
the reference in subsection (4) to the date of the child’s
placement for adoption were a reference to the date of
placement of the first child to be placed as part of the
45
arrangement;

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
99

(e)
the reference in subsection (5) to a particular adoption were a
reference to the adoptions that are part of a particular
arrangement.
(12)
For the purposes of this section the working hours of an employee are
to be taken to be any time when, in accordance with the employee’s
5
contract of employment, the employee is required to be at work.
(13)
In this section “adoption agency” means an adoption agency within the
meaning of section 2 of the Adoption and Children Act 2002 or as
defined in section 119(1)(a) of the Adoption and Children (Scotland)
Act 2007.
10
57ZK
Right to remuneration for time off under section 57ZJ
(1)
An employee who is permitted to take time off under section 57ZJ is
entitled to be paid remuneration by his or her employer for the number
of working hours for which the employee is entitled to be absent at the
appropriate hourly rate.
15
(2)
The appropriate hourly rate, in relation to an employee, is the amount
of one week’s pay divided by the number of normal working hours in
a week for that employee when employed under the contract of
employment in force on the day when the time off is taken.
(3)
But where the number of normal working hours differs from week to
20
week or over a longer period, the amount of one week’s pay shall be
divided instead by—
(a)
the average number of normal working hours calculated by
dividing by twelve the total number of the employee’s normal
working hours during the period of twelve weeks ending with
25
the last complete week before the day on which the time off is
taken, or
(b)
where the employee has not been employed for a sufficient
period to enable the calculation to be made under paragraph (a),
a number which fairly represents the number of normal
30
working hours in a week having regard to such of the
considerations specified in subsection (4) as are appropriate in
the circumstances.
(4)
The considerations referred to in subsection (3)(b) are—
(a)
the average number of normal working hours in a week which
35
the employee could expect in accordance with the terms of the
employee’s contract, and
(b)
the average number of normal working hours of other
employees engaged in relevant comparable employment with
the same employer.
40
(5)
A right to any amount under subsection (1) does not affect any right of
an employee in relation to remuneration under the employee’s contract
of employment (“contractual remuneration”).
(6)
Any contractual remuneration paid to an employee in respect of a
period of time off under section 57ZJ goes towards discharging any
45
liability of the employer to pay remuneration under subsection (1) in
respect of that period.

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
100

(7)
Any payment of remuneration under subsection (1) in respect of a
period of time off under section 57ZJ goes towards discharging any
liability of the employer to pay contractual remuneration in respect of
that period.
57ZL
Right to unpaid time off to attend adoption appointments
5
(1)
An employee who—
(a)
has been notified by an adoption agency that a child is to be, or
is expected to be, placed for adoption with the employee and
another person jointly, and
(b)
has elected to exercise the right to take time off under this
10
section in connection with the adoption,

is entitled to be permitted by his or her employer to take time off during
the employee’s working hours in order that he or she may attend by
appointment at any place for the purpose of having contact with the
child or for any other purpose connected with the adoption.
15
(2)
An employee may not make an election for the purposes of subsection
(1)(b) if—
(a)
the employee has made an election for the purposes of section
57ZJ(2)(b) in connection with the adoption, or
(b)
the other person with whom the child is to be, or is expected to
20
be, placed for adoption has made an election for the purposes of
subsection (1)(b) or section 57ZP(1)(b) in connection with the
adoption.
(3)
An employee is not entitled to take time off under this section on or
after the date of the child’s placement for adoption with the employee.
25
(4)
In relation to any particular adoption, an employee is not entitled to
take time off under this section on more than two occasions.
(5)
On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.
(6)
An employee is not entitled to take time off under this section unless
30
the appointment has been arranged by or at the request of the adoption
agency which made the notification described in subsection (1)(a).
(7)
An employee is not entitled to take time off under this section unless, if
the employer requests it, the employee gives the employer—
(a)
a declaration signed by the employee stating that the employee
35
has made an election for the purposes of subsection (1)(b) in
connection with the adoption, and
(b)
a document showing the date and time of the appointment in
question and that it has been arranged as described in
subsection (6).
40
(8)
A declaration or document requested under subsection (7) may be
given in electronic form.
(9)
In cases where more than one child is to be, or is expected to be, placed
for adoption with an employee and another person jointly as part of the
same arrangement, this section has effect as if—
45
(a)
the purposes specified in subsection (1) were the purpose of
having contact with any one or more of the children and any

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
101

other purpose connected with any of the adoptions that are part
of the arrangement;
(b)
the references in subsections (1)(b) and (7)(a) to the adoption
were references to all of the adoptions that are part of the
arrangement;
5
(c)
the references in subsection (2) to the adoption were references
to any of the adoptions that are part of the arrangement;
(d)
the reference in subsection (3) to the date of the child’s
placement for adoption were a reference to the date of
placement of the first child to be placed as part of the
10
arrangement;
(e)
the reference in subsection (4) to a particular adoption were a
reference to the adoptions that are part of a particular
arrangement.
(10)
For the purposes of this section the working hours of an employee are
15
to be taken to be any time when, in accordance with the employee’s
contract of employment, the employee is required to be at work.
(11)
In this section “adoption agency” means an adoption agency within the
meaning of section 2 of the Adoption and Children Act 2002 or as
defined in section 119(1)(a) of the Adoption and Children (Scotland)
20
Act 2007.
57ZM
Complaint to employment tribunal
(1)
An employee may present a complaint to an employment tribunal that
his or her employer—
(a)
has unreasonably refused to let him or her take time off as
25
required by section 57ZJ or 57ZL, or
(b)
has failed to pay the whole or any part of any amount to which
the employee is entitled under section 57ZK.
(2)
An employment tribunal may not consider a complaint under this
section unless it is presented—
30
(a)
before the end of the period of three months beginning with the
day of the appointment in question, or
(b)
within such further period as the tribunal considers reasonable
in a case where it is satisfied that it was not reasonably
practicable for the complaint to be presented before the end of
35
that period of three months.
(3)
Sections 207A(3) and 207B apply for the purposes of subsection (2)(a).
(4)
Where an employment tribunal finds a complaint under subsection (1)
well-founded, it must make a declaration to that effect.
(5)
If the complaint is that the employer has unreasonably refused to let the
40
employee take time off as required by section 57ZJ, the tribunal must
also order the employer to pay to the employee an amount that is twice
the amount of the remuneration to which the employee would have
been entitled under section 57ZK if the employer had not refused.
(6)
If the complaint is that the employer has failed to pay the employee the
45
whole or part of any amount to which the employee is entitled under
section 57ZK, the tribunal must also order the employer to pay to the
employee the amount which it finds due to the employee.

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
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(7)
If the complaint is that the employer has unreasonably refused to let the
employee take time off as required by section 57ZL, the tribunal must
also order the employer to pay to the employee an amount determined
in accordance with subsection (8).
(8)
The amount payable to the employee is—
5
A x B x 2

where—
(a)
A is the appropriate hourly rate for the employee determined in
accordance with section 57ZK(2) to (4), and
(b)
B is the number of working hours for which the employee
10
would have been entitled under section 57ZL to be absent if the
time off had not been refused.
Adoption appointments: agency workers
57ZN
Right to paid time off to attend adoption appointments: agency
workers
15
(1)
An agency worker who has been notified by an adoption agency that a
child is to be, or is expected to be, placed for adoption with the agency
worker alone is entitled to be permitted by the temporary work agency
and the hirer to take time off during the agency worker’s working
hours in order that he or she may attend by appointment at any place
20
for the purpose of having contact with the child or for any other
purpose connected with the adoption.
(2)
An agency worker who—
(a)
has been notified by an adoption agency that a child is to be, or
is expected to be, placed for adoption with the agency worker
25
and another person jointly, and
(b)
has elected to exercise the right to take time off under this
section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer
to take time off during the agency worker’s working hours in order that
30
he or she may attend by appointment at any place for the purpose of
having contact with the child or for any other purpose connected with
the adoption.
(3)
An agency worker may not make an election for the purposes of
subsection (2)(b) if—
35
(a)
the agency worker has made an election for the purposes of
section 57ZP(1)(b) in connection with the adoption, or
(b)
the other person with whom the child is to be, or is expected to
be, placed for adoption has made an election for the purposes of
subsection (2)(b) or section 57ZJ(2)(b) in connection with the
40
adoption.
(4)
An agency worker is not entitled to take time off under this section on
or after the date of the child’s placement for adoption with the agency
worker.
(5)
In relation to any particular adoption, an agency worker is not entitled
45
to take time off under this section on more than five occasions.

Children and Families Bill
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(6)
On each of those occasions, the maximum time off during working
hours to which the agency worker is entitled is six and a half hours.
(7)
An agency worker is not entitled to take time off under this section
unless the appointment has been arranged by or at the request of the
adoption agency which made the notification described in subsection
5
(1) or (2)(a).
(8)
An agency worker is not entitled to take time off under subsection (1)
unless, if the temporary work agency or the hirer requests it, the agency
worker gives that person a document showing the date and time of the
appointment in question and that it has been arranged as described in
10
subsection (7).
(9)
An agency worker is not entitled to take time off under subsection (2)
unless, if the temporary work agency or the hirer requests it, the agency
worker gives that person—
(a)
a declaration signed by the agency worker stating that the
15
agency worker has made an election for the purposes of
subsection (2)(b) in connection with the adoption, and
(b)
a document showing the date and time of the appointment in
question and that it has been arranged as described in
subsection (7).
20
(10)
A document or declaration requested under subsection (8) or (9) may
be given in electronic form.
(11)
In cases where more than one child is to be, or is expected to be, placed
for adoption with an agency worker as part of the same arrangement,
this section has effect as if—
25
(a)
the purposes specified in subsections (1) and (2) were the
purpose of having contact with any one or more of the children
and any other purpose connected with any of the adoptions that
are part of the arrangement;
(b)
the references in subsections (2)(b) and (9)(a) to the adoption
30
were references to all of the adoptions that are part of the
arrangement;
(c)
the references in subsection (3) to the adoption were references
to any of the adoptions that are part of the arrangement;
(d)
the reference in subsection (4) to the date of the child’s
35
placement for adoption were a reference to the date of
placement of the first child to be placed as part of the
arrangement;
(e)
the reference in subsection (5) to a particular adoption were a
reference to the adoptions that are part of a particular
40
arrangement.
(12)
For the purposes of this section the working hours of an agency worker
are to be taken to be any time when, in accordance with the terms under
which the agency worker works temporarily for and under the
supervision and direction of the hirer, the agency worker is required to
45
be at work.
(13)
In this section “adoption agency” means an adoption agency within the
meaning of section 2 of the Adoption and Children Act 2002 or as

Children and Families Bill
Part 7 — Time off work: ante-natal care etc
104

defined in section 119(1)(a) of the Adoption and Children (Scotland)
Act 2007.
57ZO
Right to remuneration for time off under section 57ZN
(1)
An agency worker who is permitted to take time off under section
57ZN is entitled to be paid remuneration by the temporary work
5
agency for the number of working hours for which the agency worker
is entitled to be absent at the appropriate hourly rate.
(2)
The appropriate hourly rate, in relation to an agency worker, is the
amount of one week’s pay divided by the number of normal working
hours in a week for that agency worker in accordance with the terms
10
under which the agency worker works temporarily for and under the
supervision and direction of the hirer that are in force on the day when
the time off is taken.
(3)
But where the number of normal working hours during the assignment
differs from week to week or over a longer period, the amount of one
15
week’s pay shall be divided instead by the average number of normal
working hours calculated by dividing by twelve the total number of the
agency worker’s normal working hours during the period of twelve
weeks ending with the last complete week before the day on which the
time off is taken.
20
(4)
A right to any amount under subsection (1) does not affect any right of
an agency worker in relation to remuneration under the agency
worker’s contract with the temporary work agency (“contractual
remuneration”).
(5)
Any contractual remuneration paid to an agency worker in respect of a
25
period of time off under section 57ZN goes towards discharging any
liability of the temporary work agency to pay remuneration under
subsection (1) in respect of that period.
(6)
Any payment of remuneration under subsection (1) in respect of a
period of time off under section 57ZN goes towards discharging any
30
liability of the temporary work agency to pay contractual remuneration
in respect of that period.
57ZP
Right to unpaid time off to attend adoption meetings: agency workers
(1)
An agency worker who—
(a)
has been notified by an adoption agency that a child is to be, or
35
is expected to be, placed for adoption with the agency worker
and another person jointly, and
(b)
has elected to exercise the right to take time off under this
section in connection with the adoption,

is entitled to be permitted by the temporary work agency and the hirer
40
to take time off during the agency worker’s working hours in order that
he or she may attend by appointment at any place for the purpose of
having contact with the child or for any other purpose connected with
the adoption.
(2)
An agency worker may not make an election for the purposes of
45
subsection (1)(b) if—
(a)
the agency worker has made an election for the purposes of
section 57ZN(2)(b) in connection with the adoption, or