In Hairsine v Kingston-upon-Hull City Council, the EAT holds that a trade union official's right to paid time off work for training is limited to those hours when the employee would normally be at work. If the training course falls outside those hours, the employee is not entitled to paid time off "in lieu" during his or her contractual working hours.
An industrial tribunal was entitled to find that, in the circumstances of this case, lobbying of Parliament was not a trade union activity entitling union members to time off.
In assessing the reasonableness of the amount of paid time off for trade union duties under s.27(2) of the EP(C)A, the terms of a collectively agreed time off scheme ought to be taken into account, suggests the EAT in Ashley v Ministry of Defence.
S.61 of the Employment Protection Act provides a right for employees who have been given notice of dismissal by reason of redundancy to be allowed reasonable time off during working hours to look for new employment or make training arrangements. In Dutton v Hawker Siddeley Aviation Ltd, the Employment Appeal Tribunal has its first opportunity to consider this section. Several principles emerge from the EAT's decision.
In Corner v Buckinghamshire County Council, a time off for public duties case, the EAT holds the Industrial Tribunal can do no more than declare that the employer had failed to allow the employee to take reasonable time off and, if appropriate, make an award of compensation.