Tribunal claims about time off rights



An employee can bring a tribunal claim relating to time off, but only if a specific request for time off has been denied (Ryford v Drinkwater [1996] IRLR 16). The claim must be brought within three months (section 171, TULRCA). If successful, the tribunal will make a declaration of the employee’s rights and may award “just and equitable” compensation. 



As always, there are tribunal fees. The issue fee to enforce the statutory right to time off for trade union duties and activities is £160. The hearing fee is a further £230. Acas Early Conciliation (EC) applies unless there is an application for interim relief (see page 174). See Chapter 13 for more information on tribunal fees, fee remission and Acas EC. Many unions have put in place arrangements to loan the fee to members, subject to conditions such as the strength of the claim.


Union reps have the right to reasonable paid time off during working hours to accompany another of the employer’s workers to a discipline or grievance meeting, as long as they have been certified by their trade union as capable of acting as a companion (section 10(6), Employment Relations Act 1999). The companion must be given reasonable time off for preparation and training. 
 For information on the right to be accompanied, see Chapter 10, page 391.