New Clause 6 — Leave entitlement for reserve forces

Regulation of Refractive Eye Surgery – in the House of Commons at 6:14 pm on 20th November 2013.

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Votes in this debate

‘(1) The Employment Rights Act 1996 is amended as follows.

(2) After section 63C insert—

“63CA Right to time off for reserve forces

(1) An employee who is a member of a reserve force (as defined in section 374 of the Armed Forces Act 2006) is entitled to be permitted by his employer to take time off during the employee’s working hours in order to undertake training activities connected to the reserve force.

(2) An employee’s entitlement to time off under subsection (1) is limited to 14 days maximum.

(3) An employee is not entitled to paid remuneration by his employer for time off under subsection (1).

(4) This section does not apply to employees of companies with fewer than 50 employees.

63CB Complaints to employment tribunals

‘(1) An employee may present a complaint to an employment tribunal that his employer has unreasonably refused to permit him to take time off as required by section 63CA.

(2) An employment tribunal shall not consider a complaint under this section unless it is presented—

(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted, or

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

(3) Where an employment tribunal finds a complaint under this section well-founded, the tribunal shall make a declaration to that effect.”.’.—(Thomas Docherty.)

A reservist would be entitled to two weeks statutory additional unpaid leave from their employment (where the company has more than 50 employees) for the purpose of reserve forces training, for which they shall receive their military pay.

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 235, Noes 315.

Division number 131 Regulation of Refractive Eye Surgery — New Clause 6 — Leave entitlement for reserve forces

Aye: 235 MPs

No: 315 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.