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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 38

38.(1) An employer shall permit an employee of his who is a member of an
appropriate trade union to take time off, subject to and in accordance with
paragraph (3), during the employee's working hours for the purpose of taking
part in any trade union activity to which this Article applies.

(2) In this Article "appropriate trade union", in relation to an employee of
any description, means an independent trade union which is recognised by his
employer in respect of that description of employee, and the trade union
activities to which this Article applies are

(a)any activities of an appropriate trade union of which the employee is a
member; and

(b)any activities, whether or not falling within sub-paragraph (a), in
relation to which the employee is acting as a representative of such a union,

(3) The amount of time off which an employee is to be permitted to take under
this Article 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 provisions
of a Code of Practice issued by the Agency under Article 14A of the No. 1
Order.

(4) In the Code of Practice referred to in Article 14A(2)(b)(ii) of the No. 1
Order the Agency shall in particular provide practical guidance on the
following matters, that is to say, the question whether, and the circumstances
in which a trade union member is to be permitted to take time off under this
Article for trade union activities connected with industrial action.

(5) An employee who is a member of an independent trade union recognised by
his employer may present a complaint to an industrial tribunal that his
employer has failed to permit him to take time off as required by this
Article.

© 1976 Crown Copyright

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