UK Employment Law\ Employee \ Time Off For Interviews
Time off for interviews
If you are given notice of being made redundant, you are entitled to a reasonable amount of time off with pay to go job hunting or arrange retraining. The employer must give permission for this time off before the end of the period of notice. This date is when your notice expires or when the statutory minimum period of notice expires. There is a condition though – you have to have been working for the employer for two years continuously.
Not everyone is covered though:
- if you are an independent contractor or freelancer;
- if you are employed by a police force or in the armed forces;
- if you are employed in share fishing and paid out of profits or gross earnings from the fishing vessel;
- merchant seamen.
The amount of time allowed for job hunting or retraining is not specified in the legislation, but the employer should allow reasonable time off. Some may need just one interview, while others may have to travel further and make a number of visits to obtain a new job.
Time off payment.
The hourly rate for absence from work is similar to calculating redundancy payments. It is worked out by dividing the amount of one week's pay by the number of working hours in the week. The ‘calculation date’ is the date on which an employer gives notice. This date is used in working out pay for time off.
If an employer has already made a payment for absence while the employee is job hunting or training, he does not have to pay again for the same period. In effect, it will reduce his liability in the contract of employment. The law also states the company does not have to pay in excess of two-fifths of the weekly wage, regardless of the amount of time allowed by the employer.
Complaints.
If an employee is unreasonably denied this absence period, they have a right to be paid the amount they would have received if they had been given permission to go away for job hunting or retraining (limited to two-fifths of a week's pay). If this is refused, the employee may have a case to answer before an employment tribunal. However, the employee must make a complaint within three months of the date on which time off should have been allowed. The tribunal has an option to accept any complaint made after this time, but only if they consider that it was not reasonable for the employee to complain at an earlier date.
Conciliation.
The tribunal will send a copy of completed complaint forms ( IT1 or IT1 (Scot) in Scotland) to the Advisory, Conciliation and Arbitration Service (ACAS) who may try to hear both sides in order to settle the matter without calling a Hearing.
A conciliation officer can also be made available if no formal complaint on form IT1 was lodged. This can happen at the request of the employee or employer. Any information handed over to ACAS will be treated as confidential. This means that it cannot be given or revealed to the tribunal without the express permission of whoever gave it.
Tribunal hearing.
If there is no settlement using the above course of action, then a tribunal will hear the case. The hearings are not conducted as in a court of law, but in a more informal manner.
Employer and employee can claim for travel and loss of earnings, among other expenses. Anyone can be called upon to represent them. They need not be a solicitor – but can be a trade union official or employer's association.
