in deciding whether an employer complied with its obligation under ERA 1996 s.50 to "permit an employee of his who is a justice of the peace to take time off during the employee's working hours for the purpose of performing any of the duties of his office", the question which a tribunal must consider is not whether the employer prevented the employee from taking time off but rather should be whether the employer failed in its positive duty to permit him or her to take time off for that purpose.

For relevant general notes see Time off work/public duties/amount must be reasonable and/or Time off work/public duties/what are ''public duties''? and/or Construction of documents