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Reasonableness

Even though the applicant trade union official may have established that the purposes for which time off is required falls within the section, it does not mean the official is now necessarily entitled to the time off. Section 168(3) makes clear the amount of time off to be taken, the purposes for which it is taken, the occasions on which it is taken and the conditions to which it is subject depend on a test of reasonableness. It may not be reasonable in the circumstances to grant the request at all. Alternatively, it may be reasonable for an employer to allow only a limited amount of time off. Guidelines on the circumstances an employer should appraise in determining what is ‘reasonable’ are found in the Code of Practice.