

Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
Time off for trade union work, TUPE consultation, pension scheme, and public duties is a paid, statutory requirement.
Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.
For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.
However, you must not dismiss or subject a worker to any detriment if:
Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:
For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.
Time off to be a representative in redundancy and transfer situations, and to attend information and consultation meetings.
In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.
Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.
For more information, see redundancy: the options.
If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.
For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.
In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:
Read more on working with non-union representatives.
Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.
I&C representatives have the right to reasonable paid time off to exercise their duties.
The same right applies to members of a special negotiating body or the European Works Council.
For more information, see inform and consult your employees.
Time off for training for those to be made redundant, union and safety representatives, and pension scheme trustees.
Employees can have paid time off to:
Young employees are entitled to paid time off for training if they meet specific criteria.
Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.
If they turn 18 years old while studying, they have the right to complete the course.
An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.
Employees have the right to paid time off to carry out:
You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.
Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.
There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.
Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.
Union activities include:
Workers - not just employees - have the right to paid time off to accompany a colleague who is:
Time off for maternity, paternity, adoption, shared parental leave or parental leave, and time off for pregnant employees.
Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.
An employee who becomes pregnant is entitled to:
She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.
For more information, see pregnancy at work and maternity leave and pay.
Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.
The time off is capped at 6.5 hours for each appointment. No qualifying service is required.
If they meet certain qualifying criteria, an employee when adopting a child is entitled to:
For more information, see adoption leave and pay.
See also employers' maternity, paternity and adoption calculator.
From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.
Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.
Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.
The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.
If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:
Read more on paternity leave and pay.
Eligible employees can take shared parental leave.
Read more on shared parental leave and pay.
An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.
To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.
For more information, see parental leave and time off for dependants.
An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:
The death or stillbirth must have happened on or after 6 April 2022.
An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
The leave:
For more information, see parental bereavement leave and pay.
An employee's right to unpaid time off to look after dependants in an emergency, discretionary and extended leave.
All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.
A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.
For more information, see parental leave and time off for dependants.
Workers may want time off for personal reasons, eg to:
There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.
Read more on the advantages of managing your staff's time off work.
If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.
The policy should cover:
You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.
Time off rights for employees taking part in activities relating to public bodies and the legal system.
Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:
Time off for public duties - nidirect guidance.
Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.
You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.
The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.
Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.
You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.
To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.
You must allow employees who are lay magistrates time off to perform their duties.
While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.
If you have an employee who has been selected to serve as a juror, it will have a significant effect on their ability to attend their place of work.
There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.
Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).
Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.
The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office. See jury panel information from the Department of Justice.
All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.
For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.
There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.
Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.
Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.
An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.
Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.
The maximum rates are:
The maximum limit increases to £129.91 per day.
The maximum limits are for combined/total financial loss to include:
If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.
If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.
The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.
Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.
For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.
Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £125 per week for the 2025-26 tax year.
Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.
If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.
It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).
The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.
If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.
If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.
If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.
Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.
The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.
The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills that need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.
Protection is also given to employees against employers who unfairly dismiss them for performing jury service.
When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.
Supporting employees linked to the armed forces can benefit your business by promoting leadership skills.
Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.
For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.
The benefits of allowing discretionary time off work, having a time-off policy and considering flexible working.
Allowing staff time off work has a number of benefits.
However, you should ensure that you have a policy in place so you know how to deal with time-off requests.
You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.
Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:
Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.
It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.
The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.
Any policy should make it clear:
You should ensure that staff are aware of the policy and notify them if it changes in any way.
Make sure your policy is non-discriminatory, including the way you apply it.
You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.
You can give employees more time away from work by allowing them to work flexibly.
Certain employees have the right to request flexible working.
In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.
See flexible working: the law and best practice and how to promote healthy work-life balance in your business.
Information detailing whether you are legally obliged to pay an employee for time off.
The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.
Reason for the time off | All workers or employees only? | Statutory or discretionary? | Must the time off be paid? |
---|---|---|---|
Annual leave - 5.6 weeks |
All workers |
Statutory |
Yes |
Bank and public holidays * |
All workers |
Discretionary |
No, unless it is part of the minimum statutory annual leave entitlement |
Training/continuing education for 16-18 year olds |
Employees only |
Statutory |
Yes |
Training to be, and working as, a representative of employee safety |
Employees only |
Statutory |
Yes |
Training to be, and carrying out duties as, a pension scheme trustee |
Employees only |
Statutory |
Yes |
Training for, and carrying out, trade union duties, including as a union learning and union safety representative |
Employees only |
Statutory |
Yes |
Carrying out trade union activities |
Employees only |
Statutory |
No |
Training for, and carrying out duties as, a union representative |
Employees only |
Statutory |
Yes |
Accompanying a colleague at a disciplinary/grievance/ |
All workers |
Statutory |
Yes |
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative |
Employees only |
Statutory |
Yes |
Carrying out duties as a negotiating representative or information and consultation representative |
Employees only |
Statutory |
Yes |
Jobhunting/training when being made redundant |
Employees only |
Statutory |
Yes |
Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative |
Employees only |
Statutory |
No |
Suspension from work on medical grounds |
Employees only |
Statutory |
Yes, for employees with at least one month's service, and for a maximum of six months |
Suspension from work on maternity grounds |
Employees only |
Statutory |
Yes |
Emergencies involving a dependant |
Employees only |
Statutory |
No |
Maternity leave (52 weeks) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes - subject to certain qualification criteria ** |
Adoption leave (52 weeks - subject to certain qualification criteria) |
Employees only |
Statutory |
Yes (39 of the 52 weeks - subject to certain qualification criteria) ** |
Parental leave (subject to certain qualification criteria) |
Employees only |
Statutory |
No |
Parental bereavement leave | Employees only | Statutory | Yes, subject to certain qualification criteria |
Antenatal care |
Employees only |
Statutory |
Yes |
Compassionate leave, eg to attend the funeral of a non-dependant |
All workers |
Discretionary |
No |
Visiting a sick relative |
All workers |
Discretionary |
No |
Moving house |
All workers |
Discretionary |
No |
Religious observance |
All workers |
Discretionary |
No - but avoid discrimination on the grounds of religion/belief |
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority |
Employees only |
Statutory |
No |
Jury service |
All workers |
Statutory |
No |
Territorial Army and reservist training |
All workers |
Discretionary |
No |
Active duty as a reservist |
All workers |
Discretionary |
No |
Extended leave/sabbatical |
All workers |
Discretionary |
No |
* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.
** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.
A summary of voluntary and statutory recognition, and what recognition means for both the employer and the union.
A trade union is said to be recognised once an employer has agreed to negotiate with it on pay and working conditions on behalf of a particular group of workers.
The subsequent negotiation process is known as collective bargaining, with the group of workers the union represents referred to as the bargaining unit.
If an employer agrees to recognise a trade union the employer has certain legal obligations towards the union and its members - see the consequences of trade union recognition.
The most common way a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognise it voluntarily.
In practice this means the union becomes recognised by the employer without using any legal procedures. See voluntary recognition of a trade union.
If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade union can make an application for statutory recognition. This only applies where the employer, together with any associated employers, employs 21 or more workers.
See statutory recognition of a trade union - starting the procedure.
Note that there can be voluntary agreements even after the union has triggered the statutory process - see voluntary recognition within the statutory procedure.
Recognising trade unions - the voluntary option.
As an employer, there is nothing to stop you from voluntarily agreeing to recognise one or more trade unions.
Most union recognition arrangements are established in this way. Such voluntary recognition provides maximum flexibility to the parties and avoids them having to use the alternative - potentially complex - statutory recognition procedures.
Once an employer recognises a union for the first time, the two parties will usually draw up an agreement which specifies how the recognition arrangement, and its associated bargaining processes, will work.
Formal written agreements of this kind - known as 'procedural' agreements - prevent misunderstanding and achieve continuity and consistency. As relationships develop, the parties may periodically wish to revise and update their procedural agreements. The Labour Relations Agency (LRA) can facilitate meetings to assist the parties in drafting procedural and recognition agreements.
The LRA can also provide impartial information on bargaining agreements. See LRA guidance on collective bargaining.
If you voluntarily recognise a union, you will have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
How trade unions can obtain statutory recognition.
If you find you are unable to come to a voluntary recognition agreement with the trade union, it can make an application for statutory recognition. This only applies where you - together with any associated employers - employ 21 or more workers.
The union's request must:
You have ten working days to respond, starting with the first working day after the day you receive the request.
If you agree to the request, you have formally recognised the trade union for collective bargaining purposes.
If you reject the request or fail to respond in time, the union can apply to the Industrial Court for statutory recognition - see statutory recognition of a trade union - applying to the Industrial Court.
If you tell the union that you don't accept the request but are willing to negotiate, you have 20 working days to agree on the appropriate bargaining unit and to agree on recognition. The Labour Relations Agency (LRA) may also be of assistance.
The 20-day period starts on the day after the first ten-day period ends. You can agree with the union to extend the 20-day period.
If you fail to reach an agreement at the end of that period - or you agree on a bargaining unit but don't agree to recognise the union - the union can apply to the Industrial Court.
If - following negotiations between you and the union - the union's proposed bargaining unit is modified but you fail to agree on the bargaining unit, the union must make a new request to you that complies in full with the statutory requirements before it can make an application to the Industrial Court.
You can reach a voluntary agreement with the union even after the statutory process has started - see voluntary recognition within the statutory procedure.
If you reach an agreement, the statutory procedure ends.
You or the union can approach the LRA for help at any time. The LRA can provide its conciliation services to assist the parties in reaching agreement.
If you propose to the union that the LRA helps but the union fails to respond within ten working days or rejects your proposal, the union cannot make any application to the Industrial Court. The ten-day period starts on the day after that on which you made your proposal.
You have to make this proposal within ten working days of informing the union that you are willing to negotiate. This period starts on the day after you so inform the union.
What an employer and union must do once the union has become recognised.
There are a number of consequences once a trade union becomes recognised.
Many apply regardless of whether recognition was voluntary, semi-voluntary or statutory. However, some are only relevant where a union uses the statutory procedure.
Once a union has achieved recognition, either via a voluntary or the statutory procedure, you and the union - 'the parties' - need to agree how you will conduct collective bargaining.
Such an agreement could cover the following issues:
Collective agreements usually cover pay arrangements and other terms and conditions of employment. They might also cover such matters as:
The procedural agreement should set out the level at which negotiations will take place, eg site, company, regional or national level.
It should also specify the bargaining methods where two or more unions are recognised, eg whether unions should bargain separately or as a single bargaining unit.
The parties usually need training on aspects of employment relations and the bargaining process. Some trade unions and independent organisations provide accredited courses.
Usually, collective agreements are not in themselves legally enforceable. However, parts of collective agreements such as pay rates, or references to agreements, may be inserted and thus legally incorporated into the employment contracts of individual employees. Because individual employment contracts are legally enforceable, many collective agreements are indirectly underpinned by law.
Once the Industrial Court declares that a union is recognised, the union is entitled to conduct collective bargaining with you on pay, hours and holidays - although the parties can agree to cover additional issues.
The parties must first agree on how they will conduct collective bargaining, calling on the services of the Labour Relations Agency (LRA) if necessary.
If no agreement is reached within 30 working days, either party has the right to apply to the Industrial Court for assistance.
The Industrial Court has 20 working days from the application date to help achieve an agreement. If no agreement is reached, the Industrial Court will impose a legally binding method of bargaining.
However, the imposed method of collective bargaining can be modified by the parties, providing they both agree.
If the imposed method is not followed, either party can apply to a court to order the other party to act in accordance with the prescribed method.
If this order is ignored by the relevant party, that party will be in contempt of court, and may face a fine or imprisonment.
Where the Industrial Court has imposed a method for carrying out collective bargaining, the union has the right to be consulted by you on your policies and plans for training workers in the bargaining unit at least once every six months.
If you fail to meet these consultation obligations, the union has three months to make a complaint to an industrial tribunal. If the tribunal finds the complaint well founded, it may award up to two weeks' pay to each affected worker.
Note that there is a statutory limit on a week's pay. See a table of current tribunal and arbitration compensation limits.
You have a duty to disclose - if requested - relevant information to a recognised trade union during the collective bargaining process.
The LRA has a code of practice on disclosure of information to trade unions for collective bargaining purposes. The code imposes no legal obligations on you to disclose any specific item of information and failure to observe the code does not by itself mean you would be liable to legal proceedings.
However, the law requires any relevant provisions to be taken into account in proceedings before the Industrial Court.
Once a union becomes recognised, you have a legal duty to:
For more on time-off rights for union representatives and members, see trade union membership rights.
You also have a legal duty to:
All these obligations apply regardless of whether the recognition was via the statutory or voluntary route.
Voluntary agreement for union recognition within a statutory context.
If, during the statutory trade union recognition procedure, you voluntarily agree to recognise a union, it may withdraw its request for statutory recognition.
Alternatively, if the union had made an application to the Industrial Court, you and the union - 'the parties' - may have jointly asked the Industrial Court to take no further action.
However, this must happen before the Industrial Court either makes a declaration that the union is entitled to recognition without a ballot, or arranges a recognition ballot. See statutory recognition of a trade union - starting the procedure.
This type of agreement is known as an agreement for recognition or a semi-voluntary agreement. It is not the same as a voluntary agreement made outside the statutory procedure.
Once an agreement for recognition has been reached, the parties must enter into negotiations on collective bargaining arrangements.
If they can't agree on an appropriate method, either party may apply to the Industrial Court for help. The Industrial Court can assist if it is satisfied that there is an 'agreement for recognition' as defined in the legislation.
If the parties still fail to reach agreement, the Industrial Court will impose a method for collective bargaining.
Once you have agreed to recognise a trade union for collective bargaining purposes, the union may terminate the agreement at any time, unless you have previously agreed with the union to the contrary.
You may not terminate the agreement for a period of three years unless you have agreed with the union to the contrary.
For the circumstances under which a union may become derecognised, see statutory derecognition of a trade union - an introduction.
If the agreement becomes difficult to maintain, either party can apply to the LRA to help it resolve the difficulties.
Procedures to be followed when a trade union with statutory recognition may be derecognised
If a union achieved recognition via the statutory procedure, certain procedures have to be followed for it to be derecognised.
However, you can only seek statutory derecognition three or more years after recognition was originally granted.
There are three main grounds for derecognition:
In situations where grounds 2 or 3 apply and an application for derecognition is accepted by the Industrial Court, the Industrial Court could declare that a derecognition ballot be held.
What happens if the bargaining unit becomes inappropriate because the employer's business changes.
A situation may arise when a union or employer feels that the bargaining unit - the group of workers the union represents - is no longer appropriate or has ceased to exist. Either party may apply to the Industrial Court to determine what bargaining unit is appropriate.
In order for the Industrial Court to reach its decision, the bargaining unit must have changed because of one or more of the following:
Treating workers fairly as regards the recognition or derecognition of a trade union.
Workers have certain rights relating to their involvement in recognition and derecognition procedures.
An employer must not subject a worker to a detriment on grounds related to the process of union recognition or derecognition, eg for taking part in a recognition ballot or for campaigning for recognition.
Detriment is broadly defined but essentially means that the worker should not suffer disadvantage on account of any act or omission by you. This could include:
For a worker who isn't an employee, their dismissal may also count as a detriment. Only employees can claim unfair dismissal.
If any of the above occurs, a worker could bring a claim before an industrial tribunal. If the tribunal finds that you acted unlawfully, it may award compensation.
If an employee is dismissed or selected for redundancy on grounds relating to union recognition or derecognition, they may be able to make a claim for unfair dismissal to the tribunal.
Many members of trade unions have their pay and other terms and conditions of employment set by a collective agreement negotiated by their union and their employer.
These members have rights to ensure that the employer does not interfere between the union member and their union in certain matters related to collective bargaining.
An employee or other worker who is a member of an independent trade union which is recognised by - or seeking recognition from - their employer for collective bargaining purposes has the right not to have certain offers made to them by their employer.
This is in circumstances where the employer's sole or main purpose is to achieve the result that, if the offer and like offers to other workers are accepted, all or any of those workers' terms and conditions will no longer be determined by a collective agreement negotiated by or on behalf of the trade union.
In addition, an employee has the right not to be dismissed, or selected for redundancy, by their employer on the grounds that they did not accept any such offer.
An employee or other worker has the right not to be subjected to a detriment for failing to accept any such offer.
Individuals who think that any of their rights as set out above have been infringed can complain to an industrial tribunal.
If an employee has been dismissed - including cases where they have been dismissed on grounds of redundancy - their complaint is one of unfair dismissal.
If an employee or other worker considers that they have been subjected to a detriment by their employer, their complaint is one of detriment.
If an employee or other worker considers that you have made an unlawful inducement as described above, their complaint is one of unlawful inducement.
There are certain limits on the compensatory awards for the claims in relation to dismissal, detriment and unlawful inducements. See a table of current tribunal and arbitration compensation limits.
Note that in cases where an employee or other worker makes a related complaint to the tribunal concerning detriment, and the tribunal upholds that complaint, the tribunal may award compensation for the detriment suffered.
In deciding the amount of such compensation, the tribunal will not take into account the fact that:
If an unlawful inducement has been accepted by an employee or other worker, but any consequent agreement by them to vary their terms and conditions has not yet been effected, the agreement to vary the terms and conditions is not enforceable.
Also, in such circumstances, the employer cannot recover any cash paid or other benefits conferred on the employer or worker concerned.
However, in cases where the agreed variation in terms and conditions have been effected, those variations are enforceable.
How the Industrial Court deals with unions' applications for recognition under the statutory procedure.
A union can apply to the Industrial Court if it sends you a request for statutory recognition but you either reject the request, or following negotiations between you and the union - 'the parties' - you fail to agree on the bargaining unit.
A panel of three Industrial Court members will be convened to deal with each application. The panel will consist of:
The individuals making up the panel could change if one becomes unavailable.
An Industrial Court official will be appointed to act as case manager for the application. They act as the main point of contact between you, the panel and the union.
In order for the Industrial Court to accept an application for recognition from a trade union, it must be:
The following conditions must also apply:
On receiving an application, the Industrial Court will send you:
The Industrial Court has ten working days to decide whether or not to accept the application.
If the Industrial Court accepts a trade union's application for statutory recognition, the parties have 20 days - which may be extended or reduced if the Industrial Court decides there is no reasonable chance of agreement between the parties - to agree on the appropriate bargaining unit.
In these circumstances, you must provide the following information to both the Industrial Court and the union within five working days, starting with the day after that on which you received notice of the acceptance:
The information you give to the union and the Industrial Court must be the same and as accurate as is reasonably practicable in light of the information you have at the time.
If you fail to supply the required information - or fail to provide it in accordance with the statutory criteria - the union can request that the Industrial Court itself decides the bargaining unit.
If the Industrial Court agrees that you have failed to comply with this duty, it will decide the bargaining unit - usually within ten working days starting with the day after that on which the union made the request.
Where the Industrial Court accepts an application, the union may want to communicate with workers who are in the proposed or agreed bargaining unit.
To do so, the union must apply in writing to the Industrial Court asking it to appoint a suitable independent person (SIP) to handle these communications.
The Industrial Court will appoint the SIP as soon as possible after the union's request and will then notify the name, and appointment date, of the appointed person to the parties.
Once the Industrial Court appoints a SIP, you must - as soon as reasonably practicable - provide certain information to the Industrial Court that will enable the SIP to fulfil their role.
This information is as follows:
If you fail to comply with these duties, the Industrial Court may order you to remedy the failure within a set timescale.
If you fail to comply with the order, the Industrial Court may issue a notice to you and the union confirming that you have failed to comply with the order and may also declare that the union is recognised.
How the Industrial Court may help you and the union decide on the appropriate bargaining unit.
If the Industrial Court accepts a trade union's application for statutory recognition but you and the union - 'the parties' - fail to agree on the bargaining unit, the Industrial Court panel must try to help the parties reach agreement on what the appropriate bargaining unit is.
It is important that the parties are clear as to which workers are included in the bargaining unit. This is because if - at a later stage in the process - a ballot is held, both the parties and the Industrial Court will need to know exactly which workers are entitled to receive a ballot paper.
To reach a decision on the bargaining unit, the Industrial Court may:
The Industrial Court has a period of 20 working days (the appropriate period) in which to try to help the parties reach an agreement. The period starts with the day following that on which the Industrial Court gives notice that it has accepted the trade union's application - see statutory recognition of a trade union - applying to the Industrial Court.
The Industrial Court can extend the appropriate period or bring it to an end if it believes that the parties are unlikely to reach an agreement. In addition, both parties can apply to the Industrial Court to bring the appropriate period to an early end.
If the parties cannot agree on the bargaining unit or the union asks the Industrial Court to decide on the bargaining unit as set out in statutory recognition of a trade union - applying to the Industrial Court, the Industrial Court must decide within a period of ten working days whether or not the union's proposed bargaining unit is appropriate.
If the Industrial Court decides that the union's proposed bargaining unit is not appropriate, it must decide on a bargaining unit which is appropriate.
To make its decision, the Industrial Court has to consider:
The Industrial Court may ask you and the union for your views on these issues - eg any views you may have on an alternative bargaining unit to the one proposed by the union.
If there is conflicting evidence on whether the union's proposed bargaining unit is appropriate, the Industrial Court panel is likely to call a hearing to determine the question.
Whether a bargaining unit is agreed between the parties or is decided by the Industrial Court, if that bargaining unit is different from the one proposed in the union's initial application for statutory recognition, the Industrial Court has to determine whether or not the new bargaining unit is 'valid'.
The bargaining unit will only be valid if:
Following any necessary investigations, the Industrial Court panel may call a hearing to determine the validity of the revised bargaining unit. It normally has ten working days to reach its decision.
If - as a result of changes to the bargaining unit - the application does not meet the applied validity tests, the Industrial Court cannot proceed with the union's application.
However, the union can re-apply for statutory recognition of this revised bargaining unit within three years.
The Industrial Court will normally arrange hearings as quickly as possible in order to meet its statutory deadlines. This may mean imposing a hearing date even if it's not the most convenient date for either or both parties.
The Industrial Court expects that hearings will normally be completed in a day. The Industrial Court is based in Belfast, but it may hold hearings at other, more convenient locations. Hearings are normally informal and held in public.
Before a hearing, the chairman of the Industrial Court panel may hold a preliminary meeting in order to set out procedures and identify the issues disputed.
The Industrial Court will ask the parties to submit and exchange written evidence before the hearing.
The Industrial Court will only allow new evidence at hearings for good reasons and at the discretion of the panel. Where it is admitted, parties can request that the panel allows some additional time - such as a short adjournment - to consider the new evidence.
The Industrial Court will ask the parties to inform the panel in advance of the names of the speakers and any witnesses proposed for the hearing. The parties may appoint legal representatives but there is no obligation to do so.
What happens when a vote is needed to confirm support for trade union recognition.
Once the Industrial Court accepts an application and the bargaining unit has been agreed on or decided, the Industrial Court panel has to decide whether to call a ballot on union recognition.
The main test is the level of union membership in the bargaining unit. If the Industrial Court panel is not satisfied that the majority of the workers in the bargaining unit belong to the union making the application, it has to call a ballot on union recognition.
If necessary, the Industrial Court panel can require:
Using this information, the Industrial Court case manager will compile a report and send a copy to you, the panel and the union.
If either you or the union fail to supply the information required by the Industrial Court, the report must mention that failure and this could influence the panel's decision.
On receiving the report, the Industrial Court will then decide whether to make a declaration of recognition or hold a ballot of workers in the bargaining unit.
Generally, if the report shows that a majority of the workers in the bargaining unit are union members, the Industrial Court will make a declaration of recognition. If not, it will call a ballot.
However, the Industrial Court may still call a ballot - even if there is majority union membership - if:
Within ten days of the parties receiving notification of the ballot from the Industrial Court, you may - in agreement with the union - notify the Industrial Court that you no longer wish a ballot to be held.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has a discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of these requirements, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can issue a declaration of recognition.
During the balloting period, the union is entitled to access the workers belonging to the proposed bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Unfair practices can include:
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day after it received the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and make a declaration that the union is - or is not - recognised.
These circumstances are where the Industrial Court:
If the 'failing' party is you, the Industrial Court can declare the union recognised. If the failing party is the union, the Industrial Court may declare the union not recognised.
Where it orders a fresh ballot - or declares that the union is recognised or not recognised - the Industrial Court will:
The Industrial Court informs both parties of the ballot result and its consequences.
To be recognised, the union needs the support of a majority of those voting and at least 40% of those entitled to vote.
If the union fails to get the necessary support, it must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
Once you have recognised a union, the collective bargaining process can begin and you have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
Following the ballot, the QIP will normally send you and the union a demand for its costs.
The demand will show the gross costs of the ballot and the share of the cost to be paid by you and the union.
Both parties must pay the QIP within 15 working days, starting with the day after they receive the demand.
If you dispute the demand, you can appeal to an industrial tribunal within four weeks, starting with the day after you receive the demand.
For your appeal to succeed, you must show that the gross costs of the ballot are too great or your share of the costs is too great.
Seeking to derecognise a trade union where you employ no more than 20 workers.
You may seek to derecognise a trade union where you employ fewer than 21 workers - including workers with any associated employers - in any period of 13 weeks.
To do this, you must first send a notice to the union.
The notice must be copied to the Industrial Court and:
You must give the notice to the union before the end of the fifth working day, starting with the day after the last day of the specified period of 13 weeks.
When it receives your notice, the Chairman of the Industrial Court will appoint a panel of three Industrial Court members to consider whether or not it's valid.
The panel has ten working days, starting with the day after that on which the Industrial Court receives the notice, to reach a decision.
If the panel decides that your notice is not valid, it will tell you of this decision and your notice will be treated as if you had not given it. The bargaining arrangements would therefore remain in force.
If the panel decides that your notice is valid, it will tell you of this decision and the bargaining arrangements will then cease to have effect on the date specified in your notice.
The union can challenge the Industrial Court's decision to accept your application for derecognition on the grounds that:
The union's application must be:
The Industrial Court has ten working days - starting with the day after that on which the Industrial Court gave notice of acceptance of the union's application - to reach a decision.
Once you and the union have been given the opportunity to state your views, the Industrial Court will decide on the two issues of whether or not the 13-week period ended before the relevant date or whether you - along with any associated employers - did in fact employ fewer than 21 workers over the specified 13-week period.
If the Industrial Court decides that either the 13-week period ended before the relevant date or you - taken with any associated employers - employed 21 or more workers in that period, your notice shall be treated as not having been given.
If the Industrial Court decides that the 13-week period did not end before the relevant date and that you, taken with any associated employers, employed fewer than 21 workers in that period, the bargaining arrangements will cease to have effect on the 'termination date'.
The termination date will be the date that was specified in your notice to the union or the day after the last day of the Industrial Court's ten-day decision period, whichever is later.
Derecognising a trade union where the bargaining unit no longer supports the union conducting collective bargaining.
You can - at any time - make a request to a recognised trade union to end collective bargaining arrangements on the grounds that the union no longer has the support of the bargaining unit. The union can decline the request.
However, if the union declines a request after three years of statutory recognition, you can apply to the Industrial Court to hold a secret ballot.
Similarly, where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot - but only after three years of statutory recognition.
To be valid, your request must:
Once the union receives your request, the union has ten working days to respond, starting with the day after the union receives your request.
If - before the end of the ten-day period - the union agrees to end the bargaining arrangement, the matter ends there.
If the union either fails to respond to your request or - before the end of the ten-day period - tells you that it doesn't accept your request (and does not indicate a willingness to negotiate), you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
If - before the end of the ten-day period - the union tells you that it doesn't accept your request but is willing to negotiate, you and the union (the parties) have 20 working days - starting with the working day immediately following the end of the ten-day period - to negotiate with a view to agreeing to end the bargaining arrangements.
During this 20-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If the parties fail to reach an agreement, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not the bargaining arrangements should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after that on which it receives your application, the Industrial Court normally has ten working days in which to decide whether or not:
If the Industrial Court decides that you have failed to meet any or all of these requirements, it will not accept the application and the issue ends there.
If the Industrial Court decides that you have met all of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot to determine whether or not collective bargaining arrangements should end.
A worker can only make such an application after three years of statutory recognition. However, unlike employers, they do not need to first make a request to the union (or even the employer) to end bargaining arrangements.
The Industrial Court will only accept the worker's ballot application if:
Starting with the day after that on which it receives the worker's application, the Industrial Court normally has ten working days in which to decide whether or not the worker's application to the Industrial Court is admissible.
If the Industrial Court decides that the worker's application is not admissible, it won't accept the application and the issue ends there.
If the Industrial Court decides that the worker's application is admissible, it will accept the application. The Industrial Court will then give notice of this acceptance decision to you, the worker and the union.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where the Industrial Court accepts a worker's application, it normally has 20 working days - starting with the day after the Industrial Court gives notice that it has accepted the application - to help you, the union and the worker negotiate with a view to either agreeing that the worker will withdraw the application, or reaching an agreement that the parties will end the bargaining arrangements.
If - in the 20-day period - the parties agree to end the bargaining arrangements or the worker agrees to withdraw the application, the Industrial Court will cease its considerations.
If the parties fail to reach an agreement in the 20-day period, the Industrial Court must arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
Seeking to derecognise a trade union where union membership in the bargaining unit falls below half.
Sometimes, a trade union obtains statutory recognition without a ballot because more than 50% of the bargaining unit were union members.
If you recognised a union under these circumstances but you believe that union membership in the bargaining unit has since fallen to below 50%, you can - after at least three years of recognition - apply to the Industrial Court to hold a secret ballot to decide whether recognition should end.
Before applying to the Industrial Court, you must make a request to the union, asking it to voluntarily end collective bargaining arrangements.
To be valid, your request must:
Once the union receives your request, you and the union - 'the parties' - have ten working days, starting with the day after the union receives your request, to agree to end the bargaining arrangements.
During this ten-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If - before the end of this period - the parties agree to end the bargaining arrangements, the matter ends there.
If the parties fail to agree to end the bargaining arrangements before the end of the ten-day period, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after it receives your application, the Industrial Court normally has ten working days to decide whether or not your request to the union is valid or your application to the Industrial Court is admissible.
If the Industrial Court decides that you have failed to meet either or both of these requirements, it will not accept your application, and the issue ends there.
If the Industrial Court decides that you have met both of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How workers may ask the Industrial Court to end collective bargaining with a union that is not certified as independent.
Workers may use the statutory procedure to seek to derecognise a non-independent trade union that their employer has voluntarily recognised.
The reason for derecognition must be that the majority of workers in the bargaining unit do not support the recognition arrangements.
In this case, a worker - or workers - from the bargaining unit can apply to the Industrial Court for derecognition.
The Industrial Court will only accept the application if it believes that:
If the Industrial Court accepts the application, it will try to help the employer, worker(s) and union to reach an agreement on derecognition.
If an agreement is not reached, the Industrial Court will arrange a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How the Industrial Court arranges ballots where an employer or worker makes a request to derecognise a trade union.
Following a request for statutory derecognition, the Industrial Court may call for a secret ballot to determine whether or not collective bargaining arrangements should end.
Once the Industrial Court has told you and the union - 'the parties' - in writing that there will be a ballot, the parties should negotiate and agree access arrangements for the union during the ballot period and send a copy of the access agreements to the Industrial Court case manager.
Where necessary, the Industrial Court may arrange a hearing on access so that it can determine an access arrangement.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of the duties above, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can refuse your application for derecognition.
During the balloting period, the union is entitled to access the workers belonging to the bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Examples of unfair practices include offering money to a worker to vote in a particular way and dismissing - or threatening to dismiss or take disciplinary action against - a worker for voting in the ballot.
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day following receipt of the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, and/or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and:
These circumstances are where the Industrial Court:
If the 'failing' party is you, the applicant worker and/or the union may enforce obedience to the law.
Where it orders a fresh ballot, refuses your application or declares an unfair practice complaint as well founded, the Industrial Court will:
The Industrial Court will inform the parties of the ballot result and its consequences.
In order for collective bargaining arrangements to end as the result of a ballot, a majority of those voting, and at least 40 per cent of the workers in the bargaining unit, must vote in favour of ending those arrangements.
If you fail to get the necessary support, you must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
If the union is derecognised as a result of the ballot, the Industrial Court will declare that the bargaining arrangements are to cease to have effect on a specified date.
The Industrial Court cannot accept any applications for statutory recognition from the union in respect of that bargaining unit - or one substantially the same - if the union makes the application within three years of the day after that on which the Industrial Court issued its declaration.
A summary of voluntary and statutory recognition, and what recognition means for both the employer and the union.
A trade union is said to be recognised once an employer has agreed to negotiate with it on pay and working conditions on behalf of a particular group of workers.
The subsequent negotiation process is known as collective bargaining, with the group of workers the union represents referred to as the bargaining unit.
If an employer agrees to recognise a trade union the employer has certain legal obligations towards the union and its members - see the consequences of trade union recognition.
The most common way a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognise it voluntarily.
In practice this means the union becomes recognised by the employer without using any legal procedures. See voluntary recognition of a trade union.
If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade union can make an application for statutory recognition. This only applies where the employer, together with any associated employers, employs 21 or more workers.
See statutory recognition of a trade union - starting the procedure.
Note that there can be voluntary agreements even after the union has triggered the statutory process - see voluntary recognition within the statutory procedure.
Recognising trade unions - the voluntary option.
As an employer, there is nothing to stop you from voluntarily agreeing to recognise one or more trade unions.
Most union recognition arrangements are established in this way. Such voluntary recognition provides maximum flexibility to the parties and avoids them having to use the alternative - potentially complex - statutory recognition procedures.
Once an employer recognises a union for the first time, the two parties will usually draw up an agreement which specifies how the recognition arrangement, and its associated bargaining processes, will work.
Formal written agreements of this kind - known as 'procedural' agreements - prevent misunderstanding and achieve continuity and consistency. As relationships develop, the parties may periodically wish to revise and update their procedural agreements. The Labour Relations Agency (LRA) can facilitate meetings to assist the parties in drafting procedural and recognition agreements.
The LRA can also provide impartial information on bargaining agreements. See LRA guidance on collective bargaining.
If you voluntarily recognise a union, you will have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
How trade unions can obtain statutory recognition.
If you find you are unable to come to a voluntary recognition agreement with the trade union, it can make an application for statutory recognition. This only applies where you - together with any associated employers - employ 21 or more workers.
The union's request must:
You have ten working days to respond, starting with the first working day after the day you receive the request.
If you agree to the request, you have formally recognised the trade union for collective bargaining purposes.
If you reject the request or fail to respond in time, the union can apply to the Industrial Court for statutory recognition - see statutory recognition of a trade union - applying to the Industrial Court.
If you tell the union that you don't accept the request but are willing to negotiate, you have 20 working days to agree on the appropriate bargaining unit and to agree on recognition. The Labour Relations Agency (LRA) may also be of assistance.
The 20-day period starts on the day after the first ten-day period ends. You can agree with the union to extend the 20-day period.
If you fail to reach an agreement at the end of that period - or you agree on a bargaining unit but don't agree to recognise the union - the union can apply to the Industrial Court.
If - following negotiations between you and the union - the union's proposed bargaining unit is modified but you fail to agree on the bargaining unit, the union must make a new request to you that complies in full with the statutory requirements before it can make an application to the Industrial Court.
You can reach a voluntary agreement with the union even after the statutory process has started - see voluntary recognition within the statutory procedure.
If you reach an agreement, the statutory procedure ends.
You or the union can approach the LRA for help at any time. The LRA can provide its conciliation services to assist the parties in reaching agreement.
If you propose to the union that the LRA helps but the union fails to respond within ten working days or rejects your proposal, the union cannot make any application to the Industrial Court. The ten-day period starts on the day after that on which you made your proposal.
You have to make this proposal within ten working days of informing the union that you are willing to negotiate. This period starts on the day after you so inform the union.
What an employer and union must do once the union has become recognised.
There are a number of consequences once a trade union becomes recognised.
Many apply regardless of whether recognition was voluntary, semi-voluntary or statutory. However, some are only relevant where a union uses the statutory procedure.
Once a union has achieved recognition, either via a voluntary or the statutory procedure, you and the union - 'the parties' - need to agree how you will conduct collective bargaining.
Such an agreement could cover the following issues:
Collective agreements usually cover pay arrangements and other terms and conditions of employment. They might also cover such matters as:
The procedural agreement should set out the level at which negotiations will take place, eg site, company, regional or national level.
It should also specify the bargaining methods where two or more unions are recognised, eg whether unions should bargain separately or as a single bargaining unit.
The parties usually need training on aspects of employment relations and the bargaining process. Some trade unions and independent organisations provide accredited courses.
Usually, collective agreements are not in themselves legally enforceable. However, parts of collective agreements such as pay rates, or references to agreements, may be inserted and thus legally incorporated into the employment contracts of individual employees. Because individual employment contracts are legally enforceable, many collective agreements are indirectly underpinned by law.
Once the Industrial Court declares that a union is recognised, the union is entitled to conduct collective bargaining with you on pay, hours and holidays - although the parties can agree to cover additional issues.
The parties must first agree on how they will conduct collective bargaining, calling on the services of the Labour Relations Agency (LRA) if necessary.
If no agreement is reached within 30 working days, either party has the right to apply to the Industrial Court for assistance.
The Industrial Court has 20 working days from the application date to help achieve an agreement. If no agreement is reached, the Industrial Court will impose a legally binding method of bargaining.
However, the imposed method of collective bargaining can be modified by the parties, providing they both agree.
If the imposed method is not followed, either party can apply to a court to order the other party to act in accordance with the prescribed method.
If this order is ignored by the relevant party, that party will be in contempt of court, and may face a fine or imprisonment.
Where the Industrial Court has imposed a method for carrying out collective bargaining, the union has the right to be consulted by you on your policies and plans for training workers in the bargaining unit at least once every six months.
If you fail to meet these consultation obligations, the union has three months to make a complaint to an industrial tribunal. If the tribunal finds the complaint well founded, it may award up to two weeks' pay to each affected worker.
Note that there is a statutory limit on a week's pay. See a table of current tribunal and arbitration compensation limits.
You have a duty to disclose - if requested - relevant information to a recognised trade union during the collective bargaining process.
The LRA has a code of practice on disclosure of information to trade unions for collective bargaining purposes. The code imposes no legal obligations on you to disclose any specific item of information and failure to observe the code does not by itself mean you would be liable to legal proceedings.
However, the law requires any relevant provisions to be taken into account in proceedings before the Industrial Court.
Once a union becomes recognised, you have a legal duty to:
For more on time-off rights for union representatives and members, see trade union membership rights.
You also have a legal duty to:
All these obligations apply regardless of whether the recognition was via the statutory or voluntary route.
Voluntary agreement for union recognition within a statutory context.
If, during the statutory trade union recognition procedure, you voluntarily agree to recognise a union, it may withdraw its request for statutory recognition.
Alternatively, if the union had made an application to the Industrial Court, you and the union - 'the parties' - may have jointly asked the Industrial Court to take no further action.
However, this must happen before the Industrial Court either makes a declaration that the union is entitled to recognition without a ballot, or arranges a recognition ballot. See statutory recognition of a trade union - starting the procedure.
This type of agreement is known as an agreement for recognition or a semi-voluntary agreement. It is not the same as a voluntary agreement made outside the statutory procedure.
Once an agreement for recognition has been reached, the parties must enter into negotiations on collective bargaining arrangements.
If they can't agree on an appropriate method, either party may apply to the Industrial Court for help. The Industrial Court can assist if it is satisfied that there is an 'agreement for recognition' as defined in the legislation.
If the parties still fail to reach agreement, the Industrial Court will impose a method for collective bargaining.
Once you have agreed to recognise a trade union for collective bargaining purposes, the union may terminate the agreement at any time, unless you have previously agreed with the union to the contrary.
You may not terminate the agreement for a period of three years unless you have agreed with the union to the contrary.
For the circumstances under which a union may become derecognised, see statutory derecognition of a trade union - an introduction.
If the agreement becomes difficult to maintain, either party can apply to the LRA to help it resolve the difficulties.
Procedures to be followed when a trade union with statutory recognition may be derecognised
If a union achieved recognition via the statutory procedure, certain procedures have to be followed for it to be derecognised.
However, you can only seek statutory derecognition three or more years after recognition was originally granted.
There are three main grounds for derecognition:
In situations where grounds 2 or 3 apply and an application for derecognition is accepted by the Industrial Court, the Industrial Court could declare that a derecognition ballot be held.
What happens if the bargaining unit becomes inappropriate because the employer's business changes.
A situation may arise when a union or employer feels that the bargaining unit - the group of workers the union represents - is no longer appropriate or has ceased to exist. Either party may apply to the Industrial Court to determine what bargaining unit is appropriate.
In order for the Industrial Court to reach its decision, the bargaining unit must have changed because of one or more of the following:
Treating workers fairly as regards the recognition or derecognition of a trade union.
Workers have certain rights relating to their involvement in recognition and derecognition procedures.
An employer must not subject a worker to a detriment on grounds related to the process of union recognition or derecognition, eg for taking part in a recognition ballot or for campaigning for recognition.
Detriment is broadly defined but essentially means that the worker should not suffer disadvantage on account of any act or omission by you. This could include:
For a worker who isn't an employee, their dismissal may also count as a detriment. Only employees can claim unfair dismissal.
If any of the above occurs, a worker could bring a claim before an industrial tribunal. If the tribunal finds that you acted unlawfully, it may award compensation.
If an employee is dismissed or selected for redundancy on grounds relating to union recognition or derecognition, they may be able to make a claim for unfair dismissal to the tribunal.
Many members of trade unions have their pay and other terms and conditions of employment set by a collective agreement negotiated by their union and their employer.
These members have rights to ensure that the employer does not interfere between the union member and their union in certain matters related to collective bargaining.
An employee or other worker who is a member of an independent trade union which is recognised by - or seeking recognition from - their employer for collective bargaining purposes has the right not to have certain offers made to them by their employer.
This is in circumstances where the employer's sole or main purpose is to achieve the result that, if the offer and like offers to other workers are accepted, all or any of those workers' terms and conditions will no longer be determined by a collective agreement negotiated by or on behalf of the trade union.
In addition, an employee has the right not to be dismissed, or selected for redundancy, by their employer on the grounds that they did not accept any such offer.
An employee or other worker has the right not to be subjected to a detriment for failing to accept any such offer.
Individuals who think that any of their rights as set out above have been infringed can complain to an industrial tribunal.
If an employee has been dismissed - including cases where they have been dismissed on grounds of redundancy - their complaint is one of unfair dismissal.
If an employee or other worker considers that they have been subjected to a detriment by their employer, their complaint is one of detriment.
If an employee or other worker considers that you have made an unlawful inducement as described above, their complaint is one of unlawful inducement.
There are certain limits on the compensatory awards for the claims in relation to dismissal, detriment and unlawful inducements. See a table of current tribunal and arbitration compensation limits.
Note that in cases where an employee or other worker makes a related complaint to the tribunal concerning detriment, and the tribunal upholds that complaint, the tribunal may award compensation for the detriment suffered.
In deciding the amount of such compensation, the tribunal will not take into account the fact that:
If an unlawful inducement has been accepted by an employee or other worker, but any consequent agreement by them to vary their terms and conditions has not yet been effected, the agreement to vary the terms and conditions is not enforceable.
Also, in such circumstances, the employer cannot recover any cash paid or other benefits conferred on the employer or worker concerned.
However, in cases where the agreed variation in terms and conditions have been effected, those variations are enforceable.
How the Industrial Court deals with unions' applications for recognition under the statutory procedure.
A union can apply to the Industrial Court if it sends you a request for statutory recognition but you either reject the request, or following negotiations between you and the union - 'the parties' - you fail to agree on the bargaining unit.
A panel of three Industrial Court members will be convened to deal with each application. The panel will consist of:
The individuals making up the panel could change if one becomes unavailable.
An Industrial Court official will be appointed to act as case manager for the application. They act as the main point of contact between you, the panel and the union.
In order for the Industrial Court to accept an application for recognition from a trade union, it must be:
The following conditions must also apply:
On receiving an application, the Industrial Court will send you:
The Industrial Court has ten working days to decide whether or not to accept the application.
If the Industrial Court accepts a trade union's application for statutory recognition, the parties have 20 days - which may be extended or reduced if the Industrial Court decides there is no reasonable chance of agreement between the parties - to agree on the appropriate bargaining unit.
In these circumstances, you must provide the following information to both the Industrial Court and the union within five working days, starting with the day after that on which you received notice of the acceptance:
The information you give to the union and the Industrial Court must be the same and as accurate as is reasonably practicable in light of the information you have at the time.
If you fail to supply the required information - or fail to provide it in accordance with the statutory criteria - the union can request that the Industrial Court itself decides the bargaining unit.
If the Industrial Court agrees that you have failed to comply with this duty, it will decide the bargaining unit - usually within ten working days starting with the day after that on which the union made the request.
Where the Industrial Court accepts an application, the union may want to communicate with workers who are in the proposed or agreed bargaining unit.
To do so, the union must apply in writing to the Industrial Court asking it to appoint a suitable independent person (SIP) to handle these communications.
The Industrial Court will appoint the SIP as soon as possible after the union's request and will then notify the name, and appointment date, of the appointed person to the parties.
Once the Industrial Court appoints a SIP, you must - as soon as reasonably practicable - provide certain information to the Industrial Court that will enable the SIP to fulfil their role.
This information is as follows:
If you fail to comply with these duties, the Industrial Court may order you to remedy the failure within a set timescale.
If you fail to comply with the order, the Industrial Court may issue a notice to you and the union confirming that you have failed to comply with the order and may also declare that the union is recognised.
How the Industrial Court may help you and the union decide on the appropriate bargaining unit.
If the Industrial Court accepts a trade union's application for statutory recognition but you and the union - 'the parties' - fail to agree on the bargaining unit, the Industrial Court panel must try to help the parties reach agreement on what the appropriate bargaining unit is.
It is important that the parties are clear as to which workers are included in the bargaining unit. This is because if - at a later stage in the process - a ballot is held, both the parties and the Industrial Court will need to know exactly which workers are entitled to receive a ballot paper.
To reach a decision on the bargaining unit, the Industrial Court may:
The Industrial Court has a period of 20 working days (the appropriate period) in which to try to help the parties reach an agreement. The period starts with the day following that on which the Industrial Court gives notice that it has accepted the trade union's application - see statutory recognition of a trade union - applying to the Industrial Court.
The Industrial Court can extend the appropriate period or bring it to an end if it believes that the parties are unlikely to reach an agreement. In addition, both parties can apply to the Industrial Court to bring the appropriate period to an early end.
If the parties cannot agree on the bargaining unit or the union asks the Industrial Court to decide on the bargaining unit as set out in statutory recognition of a trade union - applying to the Industrial Court, the Industrial Court must decide within a period of ten working days whether or not the union's proposed bargaining unit is appropriate.
If the Industrial Court decides that the union's proposed bargaining unit is not appropriate, it must decide on a bargaining unit which is appropriate.
To make its decision, the Industrial Court has to consider:
The Industrial Court may ask you and the union for your views on these issues - eg any views you may have on an alternative bargaining unit to the one proposed by the union.
If there is conflicting evidence on whether the union's proposed bargaining unit is appropriate, the Industrial Court panel is likely to call a hearing to determine the question.
Whether a bargaining unit is agreed between the parties or is decided by the Industrial Court, if that bargaining unit is different from the one proposed in the union's initial application for statutory recognition, the Industrial Court has to determine whether or not the new bargaining unit is 'valid'.
The bargaining unit will only be valid if:
Following any necessary investigations, the Industrial Court panel may call a hearing to determine the validity of the revised bargaining unit. It normally has ten working days to reach its decision.
If - as a result of changes to the bargaining unit - the application does not meet the applied validity tests, the Industrial Court cannot proceed with the union's application.
However, the union can re-apply for statutory recognition of this revised bargaining unit within three years.
The Industrial Court will normally arrange hearings as quickly as possible in order to meet its statutory deadlines. This may mean imposing a hearing date even if it's not the most convenient date for either or both parties.
The Industrial Court expects that hearings will normally be completed in a day. The Industrial Court is based in Belfast, but it may hold hearings at other, more convenient locations. Hearings are normally informal and held in public.
Before a hearing, the chairman of the Industrial Court panel may hold a preliminary meeting in order to set out procedures and identify the issues disputed.
The Industrial Court will ask the parties to submit and exchange written evidence before the hearing.
The Industrial Court will only allow new evidence at hearings for good reasons and at the discretion of the panel. Where it is admitted, parties can request that the panel allows some additional time - such as a short adjournment - to consider the new evidence.
The Industrial Court will ask the parties to inform the panel in advance of the names of the speakers and any witnesses proposed for the hearing. The parties may appoint legal representatives but there is no obligation to do so.
What happens when a vote is needed to confirm support for trade union recognition.
Once the Industrial Court accepts an application and the bargaining unit has been agreed on or decided, the Industrial Court panel has to decide whether to call a ballot on union recognition.
The main test is the level of union membership in the bargaining unit. If the Industrial Court panel is not satisfied that the majority of the workers in the bargaining unit belong to the union making the application, it has to call a ballot on union recognition.
If necessary, the Industrial Court panel can require:
Using this information, the Industrial Court case manager will compile a report and send a copy to you, the panel and the union.
If either you or the union fail to supply the information required by the Industrial Court, the report must mention that failure and this could influence the panel's decision.
On receiving the report, the Industrial Court will then decide whether to make a declaration of recognition or hold a ballot of workers in the bargaining unit.
Generally, if the report shows that a majority of the workers in the bargaining unit are union members, the Industrial Court will make a declaration of recognition. If not, it will call a ballot.
However, the Industrial Court may still call a ballot - even if there is majority union membership - if:
Within ten days of the parties receiving notification of the ballot from the Industrial Court, you may - in agreement with the union - notify the Industrial Court that you no longer wish a ballot to be held.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has a discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of these requirements, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can issue a declaration of recognition.
During the balloting period, the union is entitled to access the workers belonging to the proposed bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Unfair practices can include:
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day after it received the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and make a declaration that the union is - or is not - recognised.
These circumstances are where the Industrial Court:
If the 'failing' party is you, the Industrial Court can declare the union recognised. If the failing party is the union, the Industrial Court may declare the union not recognised.
Where it orders a fresh ballot - or declares that the union is recognised or not recognised - the Industrial Court will:
The Industrial Court informs both parties of the ballot result and its consequences.
To be recognised, the union needs the support of a majority of those voting and at least 40% of those entitled to vote.
If the union fails to get the necessary support, it must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
Once you have recognised a union, the collective bargaining process can begin and you have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
Following the ballot, the QIP will normally send you and the union a demand for its costs.
The demand will show the gross costs of the ballot and the share of the cost to be paid by you and the union.
Both parties must pay the QIP within 15 working days, starting with the day after they receive the demand.
If you dispute the demand, you can appeal to an industrial tribunal within four weeks, starting with the day after you receive the demand.
For your appeal to succeed, you must show that the gross costs of the ballot are too great or your share of the costs is too great.
Seeking to derecognise a trade union where you employ no more than 20 workers.
You may seek to derecognise a trade union where you employ fewer than 21 workers - including workers with any associated employers - in any period of 13 weeks.
To do this, you must first send a notice to the union.
The notice must be copied to the Industrial Court and:
You must give the notice to the union before the end of the fifth working day, starting with the day after the last day of the specified period of 13 weeks.
When it receives your notice, the Chairman of the Industrial Court will appoint a panel of three Industrial Court members to consider whether or not it's valid.
The panel has ten working days, starting with the day after that on which the Industrial Court receives the notice, to reach a decision.
If the panel decides that your notice is not valid, it will tell you of this decision and your notice will be treated as if you had not given it. The bargaining arrangements would therefore remain in force.
If the panel decides that your notice is valid, it will tell you of this decision and the bargaining arrangements will then cease to have effect on the date specified in your notice.
The union can challenge the Industrial Court's decision to accept your application for derecognition on the grounds that:
The union's application must be:
The Industrial Court has ten working days - starting with the day after that on which the Industrial Court gave notice of acceptance of the union's application - to reach a decision.
Once you and the union have been given the opportunity to state your views, the Industrial Court will decide on the two issues of whether or not the 13-week period ended before the relevant date or whether you - along with any associated employers - did in fact employ fewer than 21 workers over the specified 13-week period.
If the Industrial Court decides that either the 13-week period ended before the relevant date or you - taken with any associated employers - employed 21 or more workers in that period, your notice shall be treated as not having been given.
If the Industrial Court decides that the 13-week period did not end before the relevant date and that you, taken with any associated employers, employed fewer than 21 workers in that period, the bargaining arrangements will cease to have effect on the 'termination date'.
The termination date will be the date that was specified in your notice to the union or the day after the last day of the Industrial Court's ten-day decision period, whichever is later.
Derecognising a trade union where the bargaining unit no longer supports the union conducting collective bargaining.
You can - at any time - make a request to a recognised trade union to end collective bargaining arrangements on the grounds that the union no longer has the support of the bargaining unit. The union can decline the request.
However, if the union declines a request after three years of statutory recognition, you can apply to the Industrial Court to hold a secret ballot.
Similarly, where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot - but only after three years of statutory recognition.
To be valid, your request must:
Once the union receives your request, the union has ten working days to respond, starting with the day after the union receives your request.
If - before the end of the ten-day period - the union agrees to end the bargaining arrangement, the matter ends there.
If the union either fails to respond to your request or - before the end of the ten-day period - tells you that it doesn't accept your request (and does not indicate a willingness to negotiate), you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
If - before the end of the ten-day period - the union tells you that it doesn't accept your request but is willing to negotiate, you and the union (the parties) have 20 working days - starting with the working day immediately following the end of the ten-day period - to negotiate with a view to agreeing to end the bargaining arrangements.
During this 20-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If the parties fail to reach an agreement, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not the bargaining arrangements should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after that on which it receives your application, the Industrial Court normally has ten working days in which to decide whether or not:
If the Industrial Court decides that you have failed to meet any or all of these requirements, it will not accept the application and the issue ends there.
If the Industrial Court decides that you have met all of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot to determine whether or not collective bargaining arrangements should end.
A worker can only make such an application after three years of statutory recognition. However, unlike employers, they do not need to first make a request to the union (or even the employer) to end bargaining arrangements.
The Industrial Court will only accept the worker's ballot application if:
Starting with the day after that on which it receives the worker's application, the Industrial Court normally has ten working days in which to decide whether or not the worker's application to the Industrial Court is admissible.
If the Industrial Court decides that the worker's application is not admissible, it won't accept the application and the issue ends there.
If the Industrial Court decides that the worker's application is admissible, it will accept the application. The Industrial Court will then give notice of this acceptance decision to you, the worker and the union.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where the Industrial Court accepts a worker's application, it normally has 20 working days - starting with the day after the Industrial Court gives notice that it has accepted the application - to help you, the union and the worker negotiate with a view to either agreeing that the worker will withdraw the application, or reaching an agreement that the parties will end the bargaining arrangements.
If - in the 20-day period - the parties agree to end the bargaining arrangements or the worker agrees to withdraw the application, the Industrial Court will cease its considerations.
If the parties fail to reach an agreement in the 20-day period, the Industrial Court must arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
Seeking to derecognise a trade union where union membership in the bargaining unit falls below half.
Sometimes, a trade union obtains statutory recognition without a ballot because more than 50% of the bargaining unit were union members.
If you recognised a union under these circumstances but you believe that union membership in the bargaining unit has since fallen to below 50%, you can - after at least three years of recognition - apply to the Industrial Court to hold a secret ballot to decide whether recognition should end.
Before applying to the Industrial Court, you must make a request to the union, asking it to voluntarily end collective bargaining arrangements.
To be valid, your request must:
Once the union receives your request, you and the union - 'the parties' - have ten working days, starting with the day after the union receives your request, to agree to end the bargaining arrangements.
During this ten-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If - before the end of this period - the parties agree to end the bargaining arrangements, the matter ends there.
If the parties fail to agree to end the bargaining arrangements before the end of the ten-day period, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after it receives your application, the Industrial Court normally has ten working days to decide whether or not your request to the union is valid or your application to the Industrial Court is admissible.
If the Industrial Court decides that you have failed to meet either or both of these requirements, it will not accept your application, and the issue ends there.
If the Industrial Court decides that you have met both of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How workers may ask the Industrial Court to end collective bargaining with a union that is not certified as independent.
Workers may use the statutory procedure to seek to derecognise a non-independent trade union that their employer has voluntarily recognised.
The reason for derecognition must be that the majority of workers in the bargaining unit do not support the recognition arrangements.
In this case, a worker - or workers - from the bargaining unit can apply to the Industrial Court for derecognition.
The Industrial Court will only accept the application if it believes that:
If the Industrial Court accepts the application, it will try to help the employer, worker(s) and union to reach an agreement on derecognition.
If an agreement is not reached, the Industrial Court will arrange a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How the Industrial Court arranges ballots where an employer or worker makes a request to derecognise a trade union.
Following a request for statutory derecognition, the Industrial Court may call for a secret ballot to determine whether or not collective bargaining arrangements should end.
Once the Industrial Court has told you and the union - 'the parties' - in writing that there will be a ballot, the parties should negotiate and agree access arrangements for the union during the ballot period and send a copy of the access agreements to the Industrial Court case manager.
Where necessary, the Industrial Court may arrange a hearing on access so that it can determine an access arrangement.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of the duties above, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can refuse your application for derecognition.
During the balloting period, the union is entitled to access the workers belonging to the bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Examples of unfair practices include offering money to a worker to vote in a particular way and dismissing - or threatening to dismiss or take disciplinary action against - a worker for voting in the ballot.
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day following receipt of the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, and/or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and:
These circumstances are where the Industrial Court:
If the 'failing' party is you, the applicant worker and/or the union may enforce obedience to the law.
Where it orders a fresh ballot, refuses your application or declares an unfair practice complaint as well founded, the Industrial Court will:
The Industrial Court will inform the parties of the ballot result and its consequences.
In order for collective bargaining arrangements to end as the result of a ballot, a majority of those voting, and at least 40 per cent of the workers in the bargaining unit, must vote in favour of ending those arrangements.
If you fail to get the necessary support, you must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
If the union is derecognised as a result of the ballot, the Industrial Court will declare that the bargaining arrangements are to cease to have effect on a specified date.
The Industrial Court cannot accept any applications for statutory recognition from the union in respect of that bargaining unit - or one substantially the same - if the union makes the application within three years of the day after that on which the Industrial Court issued its declaration.
A summary of voluntary and statutory recognition, and what recognition means for both the employer and the union.
A trade union is said to be recognised once an employer has agreed to negotiate with it on pay and working conditions on behalf of a particular group of workers.
The subsequent negotiation process is known as collective bargaining, with the group of workers the union represents referred to as the bargaining unit.
If an employer agrees to recognise a trade union the employer has certain legal obligations towards the union and its members - see the consequences of trade union recognition.
The most common way a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognise it voluntarily.
In practice this means the union becomes recognised by the employer without using any legal procedures. See voluntary recognition of a trade union.
If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade union can make an application for statutory recognition. This only applies where the employer, together with any associated employers, employs 21 or more workers.
See statutory recognition of a trade union - starting the procedure.
Note that there can be voluntary agreements even after the union has triggered the statutory process - see voluntary recognition within the statutory procedure.
Recognising trade unions - the voluntary option.
As an employer, there is nothing to stop you from voluntarily agreeing to recognise one or more trade unions.
Most union recognition arrangements are established in this way. Such voluntary recognition provides maximum flexibility to the parties and avoids them having to use the alternative - potentially complex - statutory recognition procedures.
Once an employer recognises a union for the first time, the two parties will usually draw up an agreement which specifies how the recognition arrangement, and its associated bargaining processes, will work.
Formal written agreements of this kind - known as 'procedural' agreements - prevent misunderstanding and achieve continuity and consistency. As relationships develop, the parties may periodically wish to revise and update their procedural agreements. The Labour Relations Agency (LRA) can facilitate meetings to assist the parties in drafting procedural and recognition agreements.
The LRA can also provide impartial information on bargaining agreements. See LRA guidance on collective bargaining.
If you voluntarily recognise a union, you will have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
How trade unions can obtain statutory recognition.
If you find you are unable to come to a voluntary recognition agreement with the trade union, it can make an application for statutory recognition. This only applies where you - together with any associated employers - employ 21 or more workers.
The union's request must:
You have ten working days to respond, starting with the first working day after the day you receive the request.
If you agree to the request, you have formally recognised the trade union for collective bargaining purposes.
If you reject the request or fail to respond in time, the union can apply to the Industrial Court for statutory recognition - see statutory recognition of a trade union - applying to the Industrial Court.
If you tell the union that you don't accept the request but are willing to negotiate, you have 20 working days to agree on the appropriate bargaining unit and to agree on recognition. The Labour Relations Agency (LRA) may also be of assistance.
The 20-day period starts on the day after the first ten-day period ends. You can agree with the union to extend the 20-day period.
If you fail to reach an agreement at the end of that period - or you agree on a bargaining unit but don't agree to recognise the union - the union can apply to the Industrial Court.
If - following negotiations between you and the union - the union's proposed bargaining unit is modified but you fail to agree on the bargaining unit, the union must make a new request to you that complies in full with the statutory requirements before it can make an application to the Industrial Court.
You can reach a voluntary agreement with the union even after the statutory process has started - see voluntary recognition within the statutory procedure.
If you reach an agreement, the statutory procedure ends.
You or the union can approach the LRA for help at any time. The LRA can provide its conciliation services to assist the parties in reaching agreement.
If you propose to the union that the LRA helps but the union fails to respond within ten working days or rejects your proposal, the union cannot make any application to the Industrial Court. The ten-day period starts on the day after that on which you made your proposal.
You have to make this proposal within ten working days of informing the union that you are willing to negotiate. This period starts on the day after you so inform the union.
What an employer and union must do once the union has become recognised.
There are a number of consequences once a trade union becomes recognised.
Many apply regardless of whether recognition was voluntary, semi-voluntary or statutory. However, some are only relevant where a union uses the statutory procedure.
Once a union has achieved recognition, either via a voluntary or the statutory procedure, you and the union - 'the parties' - need to agree how you will conduct collective bargaining.
Such an agreement could cover the following issues:
Collective agreements usually cover pay arrangements and other terms and conditions of employment. They might also cover such matters as:
The procedural agreement should set out the level at which negotiations will take place, eg site, company, regional or national level.
It should also specify the bargaining methods where two or more unions are recognised, eg whether unions should bargain separately or as a single bargaining unit.
The parties usually need training on aspects of employment relations and the bargaining process. Some trade unions and independent organisations provide accredited courses.
Usually, collective agreements are not in themselves legally enforceable. However, parts of collective agreements such as pay rates, or references to agreements, may be inserted and thus legally incorporated into the employment contracts of individual employees. Because individual employment contracts are legally enforceable, many collective agreements are indirectly underpinned by law.
Once the Industrial Court declares that a union is recognised, the union is entitled to conduct collective bargaining with you on pay, hours and holidays - although the parties can agree to cover additional issues.
The parties must first agree on how they will conduct collective bargaining, calling on the services of the Labour Relations Agency (LRA) if necessary.
If no agreement is reached within 30 working days, either party has the right to apply to the Industrial Court for assistance.
The Industrial Court has 20 working days from the application date to help achieve an agreement. If no agreement is reached, the Industrial Court will impose a legally binding method of bargaining.
However, the imposed method of collective bargaining can be modified by the parties, providing they both agree.
If the imposed method is not followed, either party can apply to a court to order the other party to act in accordance with the prescribed method.
If this order is ignored by the relevant party, that party will be in contempt of court, and may face a fine or imprisonment.
Where the Industrial Court has imposed a method for carrying out collective bargaining, the union has the right to be consulted by you on your policies and plans for training workers in the bargaining unit at least once every six months.
If you fail to meet these consultation obligations, the union has three months to make a complaint to an industrial tribunal. If the tribunal finds the complaint well founded, it may award up to two weeks' pay to each affected worker.
Note that there is a statutory limit on a week's pay. See a table of current tribunal and arbitration compensation limits.
You have a duty to disclose - if requested - relevant information to a recognised trade union during the collective bargaining process.
The LRA has a code of practice on disclosure of information to trade unions for collective bargaining purposes. The code imposes no legal obligations on you to disclose any specific item of information and failure to observe the code does not by itself mean you would be liable to legal proceedings.
However, the law requires any relevant provisions to be taken into account in proceedings before the Industrial Court.
Once a union becomes recognised, you have a legal duty to:
For more on time-off rights for union representatives and members, see trade union membership rights.
You also have a legal duty to:
All these obligations apply regardless of whether the recognition was via the statutory or voluntary route.
Voluntary agreement for union recognition within a statutory context.
If, during the statutory trade union recognition procedure, you voluntarily agree to recognise a union, it may withdraw its request for statutory recognition.
Alternatively, if the union had made an application to the Industrial Court, you and the union - 'the parties' - may have jointly asked the Industrial Court to take no further action.
However, this must happen before the Industrial Court either makes a declaration that the union is entitled to recognition without a ballot, or arranges a recognition ballot. See statutory recognition of a trade union - starting the procedure.
This type of agreement is known as an agreement for recognition or a semi-voluntary agreement. It is not the same as a voluntary agreement made outside the statutory procedure.
Once an agreement for recognition has been reached, the parties must enter into negotiations on collective bargaining arrangements.
If they can't agree on an appropriate method, either party may apply to the Industrial Court for help. The Industrial Court can assist if it is satisfied that there is an 'agreement for recognition' as defined in the legislation.
If the parties still fail to reach agreement, the Industrial Court will impose a method for collective bargaining.
Once you have agreed to recognise a trade union for collective bargaining purposes, the union may terminate the agreement at any time, unless you have previously agreed with the union to the contrary.
You may not terminate the agreement for a period of three years unless you have agreed with the union to the contrary.
For the circumstances under which a union may become derecognised, see statutory derecognition of a trade union - an introduction.
If the agreement becomes difficult to maintain, either party can apply to the LRA to help it resolve the difficulties.
Procedures to be followed when a trade union with statutory recognition may be derecognised
If a union achieved recognition via the statutory procedure, certain procedures have to be followed for it to be derecognised.
However, you can only seek statutory derecognition three or more years after recognition was originally granted.
There are three main grounds for derecognition:
In situations where grounds 2 or 3 apply and an application for derecognition is accepted by the Industrial Court, the Industrial Court could declare that a derecognition ballot be held.
What happens if the bargaining unit becomes inappropriate because the employer's business changes.
A situation may arise when a union or employer feels that the bargaining unit - the group of workers the union represents - is no longer appropriate or has ceased to exist. Either party may apply to the Industrial Court to determine what bargaining unit is appropriate.
In order for the Industrial Court to reach its decision, the bargaining unit must have changed because of one or more of the following:
Treating workers fairly as regards the recognition or derecognition of a trade union.
Workers have certain rights relating to their involvement in recognition and derecognition procedures.
An employer must not subject a worker to a detriment on grounds related to the process of union recognition or derecognition, eg for taking part in a recognition ballot or for campaigning for recognition.
Detriment is broadly defined but essentially means that the worker should not suffer disadvantage on account of any act or omission by you. This could include:
For a worker who isn't an employee, their dismissal may also count as a detriment. Only employees can claim unfair dismissal.
If any of the above occurs, a worker could bring a claim before an industrial tribunal. If the tribunal finds that you acted unlawfully, it may award compensation.
If an employee is dismissed or selected for redundancy on grounds relating to union recognition or derecognition, they may be able to make a claim for unfair dismissal to the tribunal.
Many members of trade unions have their pay and other terms and conditions of employment set by a collective agreement negotiated by their union and their employer.
These members have rights to ensure that the employer does not interfere between the union member and their union in certain matters related to collective bargaining.
An employee or other worker who is a member of an independent trade union which is recognised by - or seeking recognition from - their employer for collective bargaining purposes has the right not to have certain offers made to them by their employer.
This is in circumstances where the employer's sole or main purpose is to achieve the result that, if the offer and like offers to other workers are accepted, all or any of those workers' terms and conditions will no longer be determined by a collective agreement negotiated by or on behalf of the trade union.
In addition, an employee has the right not to be dismissed, or selected for redundancy, by their employer on the grounds that they did not accept any such offer.
An employee or other worker has the right not to be subjected to a detriment for failing to accept any such offer.
Individuals who think that any of their rights as set out above have been infringed can complain to an industrial tribunal.
If an employee has been dismissed - including cases where they have been dismissed on grounds of redundancy - their complaint is one of unfair dismissal.
If an employee or other worker considers that they have been subjected to a detriment by their employer, their complaint is one of detriment.
If an employee or other worker considers that you have made an unlawful inducement as described above, their complaint is one of unlawful inducement.
There are certain limits on the compensatory awards for the claims in relation to dismissal, detriment and unlawful inducements. See a table of current tribunal and arbitration compensation limits.
Note that in cases where an employee or other worker makes a related complaint to the tribunal concerning detriment, and the tribunal upholds that complaint, the tribunal may award compensation for the detriment suffered.
In deciding the amount of such compensation, the tribunal will not take into account the fact that:
If an unlawful inducement has been accepted by an employee or other worker, but any consequent agreement by them to vary their terms and conditions has not yet been effected, the agreement to vary the terms and conditions is not enforceable.
Also, in such circumstances, the employer cannot recover any cash paid or other benefits conferred on the employer or worker concerned.
However, in cases where the agreed variation in terms and conditions have been effected, those variations are enforceable.
How the Industrial Court deals with unions' applications for recognition under the statutory procedure.
A union can apply to the Industrial Court if it sends you a request for statutory recognition but you either reject the request, or following negotiations between you and the union - 'the parties' - you fail to agree on the bargaining unit.
A panel of three Industrial Court members will be convened to deal with each application. The panel will consist of:
The individuals making up the panel could change if one becomes unavailable.
An Industrial Court official will be appointed to act as case manager for the application. They act as the main point of contact between you, the panel and the union.
In order for the Industrial Court to accept an application for recognition from a trade union, it must be:
The following conditions must also apply:
On receiving an application, the Industrial Court will send you:
The Industrial Court has ten working days to decide whether or not to accept the application.
If the Industrial Court accepts a trade union's application for statutory recognition, the parties have 20 days - which may be extended or reduced if the Industrial Court decides there is no reasonable chance of agreement between the parties - to agree on the appropriate bargaining unit.
In these circumstances, you must provide the following information to both the Industrial Court and the union within five working days, starting with the day after that on which you received notice of the acceptance:
The information you give to the union and the Industrial Court must be the same and as accurate as is reasonably practicable in light of the information you have at the time.
If you fail to supply the required information - or fail to provide it in accordance with the statutory criteria - the union can request that the Industrial Court itself decides the bargaining unit.
If the Industrial Court agrees that you have failed to comply with this duty, it will decide the bargaining unit - usually within ten working days starting with the day after that on which the union made the request.
Where the Industrial Court accepts an application, the union may want to communicate with workers who are in the proposed or agreed bargaining unit.
To do so, the union must apply in writing to the Industrial Court asking it to appoint a suitable independent person (SIP) to handle these communications.
The Industrial Court will appoint the SIP as soon as possible after the union's request and will then notify the name, and appointment date, of the appointed person to the parties.
Once the Industrial Court appoints a SIP, you must - as soon as reasonably practicable - provide certain information to the Industrial Court that will enable the SIP to fulfil their role.
This information is as follows:
If you fail to comply with these duties, the Industrial Court may order you to remedy the failure within a set timescale.
If you fail to comply with the order, the Industrial Court may issue a notice to you and the union confirming that you have failed to comply with the order and may also declare that the union is recognised.
How the Industrial Court may help you and the union decide on the appropriate bargaining unit.
If the Industrial Court accepts a trade union's application for statutory recognition but you and the union - 'the parties' - fail to agree on the bargaining unit, the Industrial Court panel must try to help the parties reach agreement on what the appropriate bargaining unit is.
It is important that the parties are clear as to which workers are included in the bargaining unit. This is because if - at a later stage in the process - a ballot is held, both the parties and the Industrial Court will need to know exactly which workers are entitled to receive a ballot paper.
To reach a decision on the bargaining unit, the Industrial Court may:
The Industrial Court has a period of 20 working days (the appropriate period) in which to try to help the parties reach an agreement. The period starts with the day following that on which the Industrial Court gives notice that it has accepted the trade union's application - see statutory recognition of a trade union - applying to the Industrial Court.
The Industrial Court can extend the appropriate period or bring it to an end if it believes that the parties are unlikely to reach an agreement. In addition, both parties can apply to the Industrial Court to bring the appropriate period to an early end.
If the parties cannot agree on the bargaining unit or the union asks the Industrial Court to decide on the bargaining unit as set out in statutory recognition of a trade union - applying to the Industrial Court, the Industrial Court must decide within a period of ten working days whether or not the union's proposed bargaining unit is appropriate.
If the Industrial Court decides that the union's proposed bargaining unit is not appropriate, it must decide on a bargaining unit which is appropriate.
To make its decision, the Industrial Court has to consider:
The Industrial Court may ask you and the union for your views on these issues - eg any views you may have on an alternative bargaining unit to the one proposed by the union.
If there is conflicting evidence on whether the union's proposed bargaining unit is appropriate, the Industrial Court panel is likely to call a hearing to determine the question.
Whether a bargaining unit is agreed between the parties or is decided by the Industrial Court, if that bargaining unit is different from the one proposed in the union's initial application for statutory recognition, the Industrial Court has to determine whether or not the new bargaining unit is 'valid'.
The bargaining unit will only be valid if:
Following any necessary investigations, the Industrial Court panel may call a hearing to determine the validity of the revised bargaining unit. It normally has ten working days to reach its decision.
If - as a result of changes to the bargaining unit - the application does not meet the applied validity tests, the Industrial Court cannot proceed with the union's application.
However, the union can re-apply for statutory recognition of this revised bargaining unit within three years.
The Industrial Court will normally arrange hearings as quickly as possible in order to meet its statutory deadlines. This may mean imposing a hearing date even if it's not the most convenient date for either or both parties.
The Industrial Court expects that hearings will normally be completed in a day. The Industrial Court is based in Belfast, but it may hold hearings at other, more convenient locations. Hearings are normally informal and held in public.
Before a hearing, the chairman of the Industrial Court panel may hold a preliminary meeting in order to set out procedures and identify the issues disputed.
The Industrial Court will ask the parties to submit and exchange written evidence before the hearing.
The Industrial Court will only allow new evidence at hearings for good reasons and at the discretion of the panel. Where it is admitted, parties can request that the panel allows some additional time - such as a short adjournment - to consider the new evidence.
The Industrial Court will ask the parties to inform the panel in advance of the names of the speakers and any witnesses proposed for the hearing. The parties may appoint legal representatives but there is no obligation to do so.
What happens when a vote is needed to confirm support for trade union recognition.
Once the Industrial Court accepts an application and the bargaining unit has been agreed on or decided, the Industrial Court panel has to decide whether to call a ballot on union recognition.
The main test is the level of union membership in the bargaining unit. If the Industrial Court panel is not satisfied that the majority of the workers in the bargaining unit belong to the union making the application, it has to call a ballot on union recognition.
If necessary, the Industrial Court panel can require:
Using this information, the Industrial Court case manager will compile a report and send a copy to you, the panel and the union.
If either you or the union fail to supply the information required by the Industrial Court, the report must mention that failure and this could influence the panel's decision.
On receiving the report, the Industrial Court will then decide whether to make a declaration of recognition or hold a ballot of workers in the bargaining unit.
Generally, if the report shows that a majority of the workers in the bargaining unit are union members, the Industrial Court will make a declaration of recognition. If not, it will call a ballot.
However, the Industrial Court may still call a ballot - even if there is majority union membership - if:
Within ten days of the parties receiving notification of the ballot from the Industrial Court, you may - in agreement with the union - notify the Industrial Court that you no longer wish a ballot to be held.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has a discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of these requirements, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can issue a declaration of recognition.
During the balloting period, the union is entitled to access the workers belonging to the proposed bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Unfair practices can include:
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day after it received the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and make a declaration that the union is - or is not - recognised.
These circumstances are where the Industrial Court:
If the 'failing' party is you, the Industrial Court can declare the union recognised. If the failing party is the union, the Industrial Court may declare the union not recognised.
Where it orders a fresh ballot - or declares that the union is recognised or not recognised - the Industrial Court will:
The Industrial Court informs both parties of the ballot result and its consequences.
To be recognised, the union needs the support of a majority of those voting and at least 40% of those entitled to vote.
If the union fails to get the necessary support, it must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
Once you have recognised a union, the collective bargaining process can begin and you have certain legal obligations towards the union and its members. See the consequences of trade union recognition.
Following the ballot, the QIP will normally send you and the union a demand for its costs.
The demand will show the gross costs of the ballot and the share of the cost to be paid by you and the union.
Both parties must pay the QIP within 15 working days, starting with the day after they receive the demand.
If you dispute the demand, you can appeal to an industrial tribunal within four weeks, starting with the day after you receive the demand.
For your appeal to succeed, you must show that the gross costs of the ballot are too great or your share of the costs is too great.
Seeking to derecognise a trade union where you employ no more than 20 workers.
You may seek to derecognise a trade union where you employ fewer than 21 workers - including workers with any associated employers - in any period of 13 weeks.
To do this, you must first send a notice to the union.
The notice must be copied to the Industrial Court and:
You must give the notice to the union before the end of the fifth working day, starting with the day after the last day of the specified period of 13 weeks.
When it receives your notice, the Chairman of the Industrial Court will appoint a panel of three Industrial Court members to consider whether or not it's valid.
The panel has ten working days, starting with the day after that on which the Industrial Court receives the notice, to reach a decision.
If the panel decides that your notice is not valid, it will tell you of this decision and your notice will be treated as if you had not given it. The bargaining arrangements would therefore remain in force.
If the panel decides that your notice is valid, it will tell you of this decision and the bargaining arrangements will then cease to have effect on the date specified in your notice.
The union can challenge the Industrial Court's decision to accept your application for derecognition on the grounds that:
The union's application must be:
The Industrial Court has ten working days - starting with the day after that on which the Industrial Court gave notice of acceptance of the union's application - to reach a decision.
Once you and the union have been given the opportunity to state your views, the Industrial Court will decide on the two issues of whether or not the 13-week period ended before the relevant date or whether you - along with any associated employers - did in fact employ fewer than 21 workers over the specified 13-week period.
If the Industrial Court decides that either the 13-week period ended before the relevant date or you - taken with any associated employers - employed 21 or more workers in that period, your notice shall be treated as not having been given.
If the Industrial Court decides that the 13-week period did not end before the relevant date and that you, taken with any associated employers, employed fewer than 21 workers in that period, the bargaining arrangements will cease to have effect on the 'termination date'.
The termination date will be the date that was specified in your notice to the union or the day after the last day of the Industrial Court's ten-day decision period, whichever is later.
Derecognising a trade union where the bargaining unit no longer supports the union conducting collective bargaining.
You can - at any time - make a request to a recognised trade union to end collective bargaining arrangements on the grounds that the union no longer has the support of the bargaining unit. The union can decline the request.
However, if the union declines a request after three years of statutory recognition, you can apply to the Industrial Court to hold a secret ballot.
Similarly, where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot - but only after three years of statutory recognition.
To be valid, your request must:
Once the union receives your request, the union has ten working days to respond, starting with the day after the union receives your request.
If - before the end of the ten-day period - the union agrees to end the bargaining arrangement, the matter ends there.
If the union either fails to respond to your request or - before the end of the ten-day period - tells you that it doesn't accept your request (and does not indicate a willingness to negotiate), you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
If - before the end of the ten-day period - the union tells you that it doesn't accept your request but is willing to negotiate, you and the union (the parties) have 20 working days - starting with the working day immediately following the end of the ten-day period - to negotiate with a view to agreeing to end the bargaining arrangements.
During this 20-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If the parties fail to reach an agreement, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not the bargaining arrangements should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after that on which it receives your application, the Industrial Court normally has ten working days in which to decide whether or not:
If the Industrial Court decides that you have failed to meet any or all of these requirements, it will not accept the application and the issue ends there.
If the Industrial Court decides that you have met all of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot to determine whether or not collective bargaining arrangements should end.
A worker can only make such an application after three years of statutory recognition. However, unlike employers, they do not need to first make a request to the union (or even the employer) to end bargaining arrangements.
The Industrial Court will only accept the worker's ballot application if:
Starting with the day after that on which it receives the worker's application, the Industrial Court normally has ten working days in which to decide whether or not the worker's application to the Industrial Court is admissible.
If the Industrial Court decides that the worker's application is not admissible, it won't accept the application and the issue ends there.
If the Industrial Court decides that the worker's application is admissible, it will accept the application. The Industrial Court will then give notice of this acceptance decision to you, the worker and the union.
In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.
Where the Industrial Court accepts a worker's application, it normally has 20 working days - starting with the day after the Industrial Court gives notice that it has accepted the application - to help you, the union and the worker negotiate with a view to either agreeing that the worker will withdraw the application, or reaching an agreement that the parties will end the bargaining arrangements.
If - in the 20-day period - the parties agree to end the bargaining arrangements or the worker agrees to withdraw the application, the Industrial Court will cease its considerations.
If the parties fail to reach an agreement in the 20-day period, the Industrial Court must arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
Seeking to derecognise a trade union where union membership in the bargaining unit falls below half.
Sometimes, a trade union obtains statutory recognition without a ballot because more than 50% of the bargaining unit were union members.
If you recognised a union under these circumstances but you believe that union membership in the bargaining unit has since fallen to below 50%, you can - after at least three years of recognition - apply to the Industrial Court to hold a secret ballot to decide whether recognition should end.
Before applying to the Industrial Court, you must make a request to the union, asking it to voluntarily end collective bargaining arrangements.
To be valid, your request must:
Once the union receives your request, you and the union - 'the parties' - have ten working days, starting with the day after the union receives your request, to agree to end the bargaining arrangements.
During this ten-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.
If - before the end of this period - the parties agree to end the bargaining arrangements, the matter ends there.
If the parties fail to agree to end the bargaining arrangements before the end of the ten-day period, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.
The Industrial Court will only accept your ballot application if:
Starting with the day after it receives your application, the Industrial Court normally has ten working days to decide whether or not your request to the union is valid or your application to the Industrial Court is admissible.
If the Industrial Court decides that you have failed to meet either or both of these requirements, it will not accept your application, and the issue ends there.
If the Industrial Court decides that you have met both of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How workers may ask the Industrial Court to end collective bargaining with a union that is not certified as independent.
Workers may use the statutory procedure to seek to derecognise a non-independent trade union that their employer has voluntarily recognised.
The reason for derecognition must be that the majority of workers in the bargaining unit do not support the recognition arrangements.
In this case, a worker - or workers - from the bargaining unit can apply to the Industrial Court for derecognition.
The Industrial Court will only accept the application if it believes that:
If the Industrial Court accepts the application, it will try to help the employer, worker(s) and union to reach an agreement on derecognition.
If an agreement is not reached, the Industrial Court will arrange a secret ballot - see statutory derecognition of a trade union - derecognition ballots.
How the Industrial Court arranges ballots where an employer or worker makes a request to derecognise a trade union.
Following a request for statutory derecognition, the Industrial Court may call for a secret ballot to determine whether or not collective bargaining arrangements should end.
Once the Industrial Court has told you and the union - 'the parties' - in writing that there will be a ballot, the parties should negotiate and agree access arrangements for the union during the ballot period and send a copy of the access agreements to the Industrial Court case manager.
Where necessary, the Industrial Court may arrange a hearing on access so that it can determine an access arrangement.
The Industrial Court has to decide whether the ballot should be a workplace ballot, a postal ballot or a combination of the two.
The Industrial Court decision will depend on factors such as:
If it decides to hold a ballot, the Industrial Court will appoint a qualified independent person (QIP) to conduct it within 20 working days of being appointed - although the Industrial Court has discretion to choose a longer period.
The QIP will come from a body specified in legislation.
You must:
If it is found that you have failed to comply with any of the duties above, the Industrial Court can order you to remedy the failure within a set timescale. If you fail to remedy the failure, the Industrial Court can refuse your application for derecognition.
During the balloting period, the union is entitled to access the workers belonging to the bargaining unit. Both you and the union must not, at this time, use 'unfair practices' to influence the ballot result.
Examples of unfair practices include offering money to a worker to vote in a particular way and dismissing - or threatening to dismiss or take disciplinary action against - a worker for voting in the ballot.
An unfair practices complaint must be made on - or before - the first working day after the date of the ballot or - if votes can be cast on more than one day such as in a postal ballot - the last of those days.
Following a valid complaint, the Industrial Court normally has ten working days in which to decide whether the complaint is well founded, starting with the day following receipt of the complaint.
If the Industrial Court decides that the complaint is well founded, it will declare this finding and may then issue a remedial order telling the party what steps it must take in order to mitigate the effect of the unfair practice and when to take those steps by, and/or give notice to the parties that a secret ballot will be held - in effect ordering a new ballot.
In some circumstances, the Industrial Court has the power to cancel a ballot and:
These circumstances are where the Industrial Court:
If the 'failing' party is you, the applicant worker and/or the union may enforce obedience to the law.
Where it orders a fresh ballot, refuses your application or declares an unfair practice complaint as well founded, the Industrial Court will:
The Industrial Court will inform the parties of the ballot result and its consequences.
In order for collective bargaining arrangements to end as the result of a ballot, a majority of those voting, and at least 40 per cent of the workers in the bargaining unit, must vote in favour of ending those arrangements.
If you fail to get the necessary support, you must wait three years before making a new application involving the same - or substantially the same - bargaining unit.
If the union is derecognised as a result of the ballot, the Industrial Court will declare that the bargaining arrangements are to cease to have effect on a specified date.
The Industrial Court cannot accept any applications for statutory recognition from the union in respect of that bargaining unit - or one substantially the same - if the union makes the application within three years of the day after that on which the Industrial Court issued its declaration.