Kimpton v Translink [2011] NIIT 02643_10IT (09 May 2011)

Kimpton v Translink [2011] NIIT 02643_10IT (09 May 2011)

The claimant was not unreasonably refused paid time off because the employer offered equivalent training (NEBOSH course) requiring less time off, and the claimant's insistence on a specific union course with a greater leave commitment was not reasonable in all the circumstances. The employer's approach was consistent with statutory obligations and relevant case law.

Citation
[2011] NIIT 02643_10IT
Parties
Claimant: Roy Kimpton; Respondent: Translink
Jurisdiction
Northern Ireland
Judgment Date
09 May 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim dismissed
Legal Topics
Health and Safety Representatives, Paid Time Off for Training, Reasonableness of Employer Refusal
Employment Law Health and Safety Representatives Paid Time Off for Training Reasonableness of Employer Refusal

Case Brief

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Parties

Roy Kimpton

Claimant

Translink

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unreasonably refused paid time off for training purposes under Regulation 4(2) and Regulation 11 of the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979

Ratio Decidendi

The claimant was not unreasonably refused paid time off because the employer offered equivalent training (NEBOSH course) requiring less time off, and the claimant's insistence on a specific union course with a greater leave commitment was not reasonable in all the circumstances. The employer's approach was consistent with statutory obligations and relevant case law.

Court Disposition

Claim dismissed