Children and Families Bill (HC Bill 5)

(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
5to be taken to be any time when, in accordance with the employee’s
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)
10Act 2007.

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
15appropriate hourly rate.

(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) 20But where the number of normal working hours differs from week to
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
25working hours during the period of twelve weeks ending with
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),
30a number which fairly represents the number of normal
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) 35the average number of normal working hours in a week which
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
40the same employer.

(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
45period of time off under section 57ZJ goes towards discharging any
liability of the employer to pay remuneration under subsection (1) in
respect of that period.

(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 5Right to unpaid time off to attend adoption appointments

(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) 10has elected to exercise the right to take time off under this
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
15child or for any other purpose connected with the adoption.

(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) 20the 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 (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
25after the date of the child’s placement for adoption with the employee.

(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) 30An 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)(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) 35a declaration signed by the employee stating that the employee
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
40subsection (6).

(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
45same arrangement, this section has effect as if—

(a) the purposes specified in subsection (1) 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 (1)(b) and (7)(a) to the adoption
were references to all of the adoptions that are part of the
5arrangement;

(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
10placement of the first child to be placed as part of the
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) 15For 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
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
20defined in section 119(1)(a) of the Adoption and Children (Scotland)
Act 2007.

57ZM Complaint to employment tribunal

(1) An employee may present a complaint to an employment tribunal that
his or her employer—

(a) 25has unreasonably refused to let him or her take time off as
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
30section unless it is presented—

(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
35practicable for the complaint to be presented before the end of
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) 40If the complaint is that the employer has unreasonably refused to let the
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) 45If the complaint is that the employer has failed to pay the employee the
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.

(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) 5The amount payable to the employee is—

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) 10B is the number of working hours for which the employee
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
15workers

(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
20hours 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 who—

(a) has been notified by an adoption agency that a child is to be, or
25is 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
30to 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.

(3) An agency worker may not make an election for the purposes of
35subsection (2)(b) if—

(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
40subsection (2)(b) or section 57ZJ(2)(b) in connection with the
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) 45In relation to any particular adoption, an agency worker is not entitled
to take time off under this section on more than five occasions.

(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
5adoption agency which made the notification described in subsection
(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
10appointment in question and that it has been arranged as described in
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) 15a declaration signed by the agency worker stating that the
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
20subsection (7).

(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,
25this 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
and any other purpose connected with any of the adoptions that
are part of the arrangement;

(b) 30the references in subsections (2)(b) and (9)(a) to the adoption
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) 35the 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
arrangement;

(e) the reference in subsection (5) to a particular adoption were a
40reference to the adoptions that are part of a particular
arrangement.

(d)(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
45arrangement;

(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 agency worker
50are 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
be at work.

(13) In this section “adoption agency” means an adoption agency within the
55meaning 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.

57ZO Right to remuneration for time off under section 57ZN

(1) An agency worker who is permitted to take time off under section
557ZN is entitled to be paid remuneration by the temporary work
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
10hours in a week for that agency worker in accordance with the terms
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
15differs from week to week or over a longer period, the amount of one
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
20time off is taken.

(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) 25Any contractual remuneration paid to an agency worker in respect of a
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
30period of time off under section 57ZN goes towards discharging any
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) 35has been notified by an adoption agency that a child is to be, or
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,

40is 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 for the purpose of
having contact with the child or for any other purpose connected with
the adoption.

(2) 45An agency worker may not make an election for the purposes of
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

(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 (1)(b) or section 57ZL(1)(b) in connection with the
adoption.

(3) 5An 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.

(4) In relation to any particular adoption, an agency worker is not entitled
to take time off under this section on more than two occasions.

(5) 10On each of those occasions, the maximum time off during working
hours to which the agency worker is entitled is six and a half hours.

(6) 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
15(1)(a).

(7) An agency worker is not entitled to take time off under this section
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
20agency worker 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).

(8) 25A 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 agency worker and another person jointly as part
of the same arrangement, this section has effect as if—

(a) 30the purposes specified in subsection (1) 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 (1)(b) and (7)(a) to the adoption
35were references to all of the adoptions that are part of the
arrangement;

(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
40placement 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 (4) to a particular adoption were a
reference to the adoptions that are part of a particular
45arrangement.

(d)(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
arrangement;

(e) 50the 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 agency worker
are to be taken to be any time when, in accordance with the terms under
55which the agency worker works temporarily for and under the

supervision and direction of the hirer, the agency worker 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
5defined by section 119(1)(a) of the Adoption and Children (Scotland)
Act 2007.

57ZQ Complaint to employment tribunal: agency workers

(1) An agency worker may present a complaint to an employment tribunal
that the temporary work agency—

(a) 10has unreasonably refused to let him or her take time off as
required by section 57ZN or 57ZP, or

(b) has failed to pay the whole or any part of any amount to which
the agency worker is entitled under section 57ZO.

(2) An agency worker may present a complaint to an employment tribunal
15that the hirer has unreasonably refused to let him or her take time off as
required by section 57ZN or 57ZP.

(3) An employment tribunal may not consider a complaint under
subsection (1) or (2) unless it is presented—

(a) before the end of the period of three months beginning with the
20day 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
that period of three months.

(4) 25Sections 207A(3) and 207B apply for the purposes of subsection (3)(a).

(5) Where an employment tribunal finds a complaint under subsection (1)
or (2) well-founded, it must make a declaration to that effect.

(6) If the complaint is that the temporary work agency or hirer has
unreasonably refused to let the agency worker take time off as required
30by section 57ZN, the tribunal must also order payment to the agency
worker of an amount that is twice the amount of the remuneration to
which the agency worker would have been entitled under section 57ZO
if the agency worker had not been refused the time off.

(7) If the complaint is that the temporary work agency has failed to pay the
35agency worker the whole or part of any amount to which the agency
worker is entitled under section 57ZO, the tribunal must also order the
temporary work agency to pay to the agency worker the amount which
it finds due to the agency worker.

(8) If the complaint is that the temporary work agency or hirer has
40unreasonably refused to let the agency worker take time off as required
by section 57ZP, the tribunal must also order payment to the agency
worker of an amount determined in accordance with subsection (9).

(9) The amount payable to the agency worker under subsection (8) is—

A x B x 2

45where—

(a) A is the appropriate hourly rate for the agency worker
determined in accordance with section 57ZO(2) and (3), and

(b) B is the number of working hours for which the agency worker
would have been entitled under section 57ZP to be absent if the
5time off had not been refused.

(10) Where the tribunal orders that payment under subsection (6) or (8) be
made by the temporary work agency and the hirer, the proportion of
that amount payable by each respondent is to be such as may be found
by the tribunal to be just and equitable having regard to the extent of
10each respondent’s responsibility for the infringement to which the
complaint relates.

57ZR Agency workers: supplementary

(1) Without prejudice to any other duties of the hirer or temporary work
agency under any enactment or rule of law, sections 57ZN to 57ZQ do
15not apply where the agency worker—

(a) has not completed the qualifying period, or

(b) pursuant to regulation 8(a) or (b) of the Agency Workers
Regulations 2010 (S.I. 2010/93S.I. 2010/93), is no longer entitled to the
rights conferred by regulation 5 of those Regulations.

(2) 20Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or
temporary work agency beyond the original intended duration, or
likely duration, of the assignment, whichever is the longer.

(3) Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM
apply.

(4) 25In this section and sections 57ZN to 57ZQ the following have the same
meaning as in the Agency Workers Regulations 2010—

• “agency worker”;

• “assignment”;

• “hirer”;

• 30“qualifying period”;

• “temporary work agency”.

57ZS Placement of looked after children with prospective adopters

(1) Subsection (2) applies where a local authority in England notifies a
person—

(a) 35who is a local authority foster parent, and

(b) who has been approved as a prospective adopter,

that a child is to be, or is expected to be, placed with that person under
section 22C of the Children Act 1989.

(2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP
40have effect as if—

(a) references to adoption or placement for adoption were
references to placement of a child under section 22C of the
Children Act 1989 with a local authority foster parent who has
been approved as a prospective adopter;

(b) 45references to placing for adoption were references to placing a
child under section 22C of that Act with a local authority foster
parent who has been approved as a prospective adopter;

(c) references to an adoption agency were references to a local
authority in England.

(3) Where a child is placed under section 22C of the Children Act 1989 with
a local authority foster parent who has been approved as a prospective
5adopter, notification of that person by an adoption agency during that
placement that the child is to be, or is expected to be, placed with that
person for adoption is not to give rise to a right to time off under section
57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.”

(2) In the Employment Rights Act 1996—

(a) 10in section 47C (right not to be subject to detriment: leave for family
reasons), in subsection (2) (prescribed reasons), after paragraph (aa)
(inserted by section 97(2)(a)) there is inserted—

“(ab) time off under section 57ZJ or 57ZL,”;

(b) in section 80B (entitlement to ordinary paternity leave: adoption), in
15subsection (5) (provision that may be made in regulations under
subsection (1)), after paragraph (b) there is inserted—

“(ba) make provision excluding the right to be absent on leave
under this section in the case of an employee who has
exercised a right to take time off under section 57ZJ;”;

(c) 20in section 99 (being regarded as unfairly dismissed: leave for family
reasons), in subsection (3) (prescribed reasons), after paragraph (aa)
(inserted by section 97(2)(b)) there is inserted—

“(ab) time off under section 57ZJ or 57ZL,”;

(d) in section 225 (the calculation date in finding a week’s pay), after
25subsection (3A) (inserted by section 97(2)(c)) there is inserted—

“(3B) Where the calculation is for the purposes of section 57ZK or
57ZM, the calculation date is the day of the appointment.”;

(e) in section 235 (other definitions), in subsection (1), at the appropriate
place there is inserted—

• 30““local authority”, in relation to the placement of children
  under section 22C of the Children Act 1989, has the same
  meaning as in that Act (see section 105(1) of that Act);”;

• ““local authority foster parent” has the same meaning as in
  the Children Act 1989 (see section 22C(12) of that Act);”.

99 35Right not to be subjected to detriment: agency workers

(1) In section 47C of the Employment Rights Act 1996 (right not to be subjected to
detriment for taking leave for family and domestic reasons), after subsection
(4) there is inserted—

“(5) An agency worker has the right not to be subjected to any detriment by
40any act, or any deliberate failure to act, by the temporary work agency
or the hirer done on the ground that—

(a) being a person entitled to—

(i) time off under section 57ZA, and

(ii) remuneration under section 57ZB in respect of that time
45off,

the agency worker exercised (or proposed to exercise) that right
or received (or sought to receive) that remuneration,