Equality Bill

97: After Clause 81, insert the following new Clause— "Time off for trade union equality representatives (1) The Trade Union and Labour Relations Consolidation Act 1992 is amended as follows. (2) After section 168A insert— "168B Time off for trade union equality representatives (1) Subject to subsection (4), an employer shall permit an employee of his who is— (a) a member of an independent trade union recognised by the employer, and (b) an equality representative of the trade union, to take time off during his working hours for any of the purposes listed in subsection (2). (2) The purposes are— (a) carrying on any of the following activities in relation to members of the trade union employed by the relevant employer— (i) analysing equality monitoring data and reviewing the impact of policies and practices on different groups; (ii) providing information and advice on equality issues; (iii) promoting the value of equality and diversity in the workplace; (iv) investigating complaints relating to equality at work; (v) supporting and advising trade union officials in the carrying out of any duties that concern equality issues; (vi) attending equality committees or forums related to equality established by the employer; (b) preparing for any of the activities listed in paragraph (a). (3) The employer is required to provide information to the representative to enable him to carry out the activities listed in subsection (2)(a)(i) and (iv). (4) Subsection (1) only applies if— (a) the trade union has given the employer notice that the employee is an equality representative of the trade union, and (b) the training condition is met in relation to him. (5) The training condition is met if— (a) the employee has undergone sufficient training to enable him to carry on the activities mentioned in subsection (2), and the trade union has given the employer notice in writing of that fact. (b) the trade union has given the employer notice in writing that the employee will be undergoing such training, or (c) within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so, and the trade union has given the employer notice of that fact. (6) If an employer is required to permit an employee to take time off under subsection (1), he shall also permit the employee to take time off during his working hours for the following purposes— (a) undergoing training and development activities which are relevant to his functions as an equality representative, (b) where the trade union has in the last six months given the employer notice under subsection (5)(b) in relation to the employee, undergoing such training as mentioned in subsection (5)(a). (7) The amount of time off which an employee is to be permitted to take under this section and the purposes for which, the occasions on which and any conditions subject to which time off may be so taken, are those that are reasonable in all the circumstances having regard to any relevant provision of a Code of Practice issued by the Advisory Conciliation and Arbitration Service or the Secretary of State. (8) An employee may present a complaint to an employment tribunal that his employer has failed to permit him to take time off as required by this section. (9) For the purposes of this section, a person is an equality representative of a trade union if he is appointed or elected as such in accordance with its rules.""