Time off to look for alternative work or arrange training

If suitable alternative work is not available, employees under redundancy notice will need time to look for a new job or to arrange training. Sections 52-53 of the ERA 96 give employees specific rights to paid time off while under notice of redundancy, if they have worked for the employer for at least two years by the date of termination of the employment. Time off can include time to look for work, to make arrangements for training and to attend job interviews.

The amount of time off allowed is what is “reasonable”, but section 53 of the ERA 96 sets a maximum of two days’ pay during the notice period, calculated at the “appropriate hourly rate”. Workplace agreements often improve on this minimum requirement.

An employee who has been refused reasonable time off can bring a claim in an employment tribunal (section 54 ERA 96). The claim must be issued within three months of the day the employee wanted to take off. If a tribunal upholds the claim, it must order the employer to pay for the days off, even if the employee did not actually have time off because of their employer’s refusal.