(1) An employee who is—
(a) an employee representative for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (redundancies) or [regulations 9, 13 and 15 of the Transfer of Undertakings (Protection of Employment) Regulations 2006], or
(b) a candidate in an election in which any person elected will, on being elected, be such an employee representative,
is entitled to be permitted by his employer to take reasonable time off during the employee's working hours in order to perform his functions as such
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