Public Duties

List of public duties                                           

As stated in Section 11 of the contract of employment, the Centre will allow reasonable time off work to be taken for public duties in accordance with the Employment Rights Act 1996 (and as subsequently amended). This will apply to an employee who is:

  • A Justice of the Peace.

  • A member of a local authority.

  • A member of a statutory tribunal.

  • A member of a police authority.

  • A member of the Service Authority for the National Criminal Intelligence Service or National Crime Squad.

  • A member of a board of prison visitors or a prison visiting committee.

  • A member of a relevant health body.

  • A member of a relevant education body.

  • A member of the Environment Agency or the Scottish Environment Protection Agency;

or

  • A member of a water and sewerage authority established under section 62(1) of the Local Government etc. (Scotland) Act 1994 or a Water Industry Consultative Committee established under section 67A (2) of that Act.

 

Jury service is not included because a juror is required to attend in any event by the Juries Act 1974.

 

Payment for time off

The relevant section in the Act does not give the right to payment for the time spent on these duties.

 

Purpose of time off

Time off is for the purpose of:

(a)   Attendance at a meeting of the body or any of its committees or sub-committees;

and

(b)   Doing any other thing approved by the body for the purpose of discharging its functions or those of any of its committees or sub-committees.

The purpose of (B) is to enable an employee to have time off to perform those duties that he or she may have as a result of membership of the body that are additional to the requirement to attend its meetings.

Amount of time off

Reasonable time off is based on the following:

  • How much time off is required  for the performance of the duties;

  • How much time off the employee has already been permitted, either under this section or for trade union duties or activities;

and

  • The circumstances of the employer's business and the effect of the employee's absence on the running of the business.

 These considerations are not listed in order of priority and it is a matter of balancing conflicting considerations in reaching the decision of whether, and if so how much, time off is to be granted for public duties.