This section outlines provisions relating to time off to look for work or to make arrangements for training and explains how a complaint is settled. It gives general guidance only and should not be regarded as a complete or authoritative statement of the law.

This section outlines provisions relating to time off to look for work or to make arrangements for training and explains how a complaint is settled. It gives general guidance only and should not be regarded as a complete or authoritative statement of the law.

Overview

An employee who is given notice of dismissal because of redundancy is entitled to reasonable time off with pay during working hours to look for another job or make arrangements for training for future employment. The time off must be allowed before the expiry of the period of notice.

Employees are entitled to time off in this way if on a specified date they have had two years' continuous employment with their employer.

The specified date referred to above is either the date when the employee's notice expires or the date when the statutory minimum period of notice due under the legislation expires, whichever is the later.

People not covered by the provisions

Certain workers are not covered, either because they are not employees, or because they are already covered by other arrangements, or because their terms and conditions of employment make the application of the provisions inappropriate. These are:
<ul>
< li>anyone who is not an employee, for example an independent contractor or freelance agent;</li>
< li>members of the police service and armed forces;</li>
< li>masters and crew members engaged in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel;</li>
< li>merchant seamen.</li></ul>

Amount of time off

An employer should allow the employee reasonable time off. The legislation does not specify the amount of time off which it is reasonable that an employer should allow since this will vary with the differing circumstances of employers and employees.

Some employees may need only to attend one interview or make one visit. Others may have to make a number of visits, some of which may involve travelling some distance.

Payment for time off

Employees should be paid the appropriate hourly rate for the period of absence from work. This is arrived at by dividing the amount of a week's pay by the number of normal working hours in the week. The method of calculation is similar to that used for computing redundancy payments

The week's pay is calculated by reference to a date known as 'the calculation date'. In computing pay for time off to look for work or arrange training, this date is the date on which notice was given by the employer.

An employer does not have to pay more than once for the same period. Any payment already made under an employee's contract of employment for a period of time off to look for work will be offset against the employer's liability under the provisions. If payment has been made by an employer for time off to look for work under the provisions, this will reduce any liability under the contract of employment.

Under the legislation the employer does not have to pay more than two-fifths of a week's pay regardless of the length of time off allowed.

Making a complaint

Employees who are unreasonably refused time off by their employers have a right to be paid the amount they would have been entitled to receive had they been allowed time off, subject to a limit of two-fifths of a week's pay. An employee can complain to an employment tribunal in cases where the employer refuses either to allow time off or to make the appropriate payment.

A complaint should be made within three months of the date on which time off should have been allowed, but employment tribunals have discretion to accept complaints made after the three-month period if they consider that it was not reasonably practicable for the employee to make the complaint earlier.

An employee who wishes to complain to a tribunal should obtain a form IT1 or IT1 (Scot) in Scotland which is included in the explanatory leaflet How to apply to an Employment Tribunal, available from any Employment Service Jobcentre and Citizens Advice Bureau.

Conciliation

The tribunal will send a copy of the completed form to a conciliation officer of the Advisory, Conciliation and Arbitration Service who may attempt to get both sides to settle the complaint without the need for a tribunal hearing.

The services of a conciliation officer will also be available in the absence of a formal complaint on form IT1, at the request of the employee or employer. In such a case the employee or employer can get in touch with a conciliation officer through an office of ACAS. Information given to conciliation officers in the course of their duties will be treated as confidential. It may not be divulged to the tribunal without the consent of the person who gave it.

Tribunal hearing

If no settlement is reached the tribunal will hear the case. Tribunal hearings are conducted informally. Both parties should attend and may claim travelling and other expenses, including loss of earnings. The parties can be represented by anyone they wish, including a representative of a trade union or employer's association. It is not necessary to engage a solicitor, but there is no objection to either party doing so if legal representation is preferred.