Employment Relations Bill - continued        House of Lords

back to previous text
      Provisions to be Inserted after Section 57 of the Employment Rights Act 1996

"Domestic incidents
Right to time off for domestic incidents.     57A. - (1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee's working hours, where it is reasonable for him to do so, in order to deal with a domestic incident.
      (2) In subsection (1) "domestic incident" means an incident which-
    (a) occurs in the home of the employee, or
    (b) affects a member of the employee's family or a person who relies on the employee for assistance.
      (3) The Secretary of State may make regulations about the right under subsection (1); and the regulations may, in particular-
    (a) specify factors to be taken into account in determining whether it is reasonable for an employee to take time off;
    (b) specify circumstances in which it is to be taken to be, or not to be, reasonable for an employee to take time off;
    (c) specify factors to be taken into account in determining what amount of time it is reasonable for an employee to take off;
    (d) impose limits, or enable employers to impose limits, on the amount of time which an employee may take off in relation to a particular incident or set of incidents or during a particular period;
    (e) make provision about notices to be given, evidence to be produced and other procedures to be followed;
    (f) make provision specifying the consequences of failure to give notices, to produce evidence or to comply with other procedural requirements;
    (g) make provision specifying the consequences of failure to act in accordance with a notice given by virtue of paragraph (e);
    (h) make special provision for cases where an employee has a right which corresponds to a right conferred by subsection (1) and which arises under his contract of employment or otherwise;
    (i) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to time off under this section.
Complaint to employment tribunal.     57B. - (1) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by section 57A.
      (2) An employment tribunal shall not consider a complaint under this section unless it is presented-
    (a) before the end of the period of three months beginning with the date when the failure occurred, 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.
      (3) Where an employment tribunal finds a complaint under subsection (1) well-founded, it-
    (a) shall make a declaration to that effect, and
    (b) may make an award of compensation to be paid by the employer to the employee.
      (4) The amount of compensation shall be such as the tribunal considers just and equitable in all the circumstances having regard to-
    (a) the employer's default in failing to permit time off to be taken by the employee, and
    (b) any loss sustained by the employee which is attributable to the matters complained of.
Collective and workforce agreements.     57C. - (1) This section applies to any provision of a collective agreement or a workforce agreement if the provision-
    (a) is of a kind which could be made by regulations under section 57A(3), and
    (b) is not of a kind excluded from this section by regulations made by the Secretary of State.
      (2) Where this section applies to a provision of an agreement-
    (a) the provision shall have effect in relation to any employee who has entered into a contract of employment of which the agreement forms part, and
    (b) any provision of regulations under section 57A(3) which deals with the same matter as the provision in the agreement shall not have effect in relation to that employee.
      (3) In this section-
    (a) "collective agreement", or
    (b) "workforce agreement",
  means an agreement of a kind specified in regulations made by the Secretary of State."
previous section contents continue
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 17 June 1999