Employment law cases

All items: Time off for dependants

  • Unfair dismissal: £13,081 award for mother who left office to collect sick child

    21 September 2021

    In Henderson v AccountsNet Ltd, the employment tribunal awarded £13,081 to a trainee accountant who was found to have been unfairly dismissed after she left the office to collect her ill child from school.

  • Time off for dependants: tribunal considers reasonableness of six absences totalling seven days in 12 months

    6 February 2013

    The employment tribunal held that a mother's six absences totalling seven days in a 12-month period constituted a "reasonable" amount of time off for dependants under s.57A of the Employment Rights Act 1996.

  • Childcare emergency resulted in detriment and dismissal

    10 March 2011

    Employees are protected against detriment and dismissal for taking time off for dependants, as the employer in this case found to its cost.

  • Time off for dependants: Disruption to childcare was unexpected

    3 November 2008

    In Royal Bank of Scotland Plc v Harrison EAT/0093/08, the EAT held that a disruption to the employee's childcare arrangements was unexpected. She was, therefore, entitled to take time off for dependants, and had suffered a detriment for a prescribed reason for doing so.

  • Time off for dependants: No right to time off for long-term care of dependants

    28 July 2008

    In Cortest Ltd v O'Toole EAT/0470/07, the EAT held that the right to time off for dependants does not extend to one month's leave to care for a child.

  • Time off for dependants: Formal request for time off not necessary

    15 April 2005

    In Truelove v Safeway Stores plc, the EAT holds that it is not necessary for a parent or carer faced with an unexpected disruption in arrangements for the care of a dependant, and seeking time off to deal with the emergency, to give reasons to his or her employer with any formality.

  • Time off for dependants: Entitlement not intended as compassionate leave

    26 November 2004

    In Forster v Cartwright Black, the EAT holds that the statutory right to time off for dependants contained in s.57A(1)(c) of the Employment Rights Act 1996 does not include sickness absence caused by a bereavement.

  • Time off for dependants: First consideration of dependants' leave entitlement

    9 May 2003

    In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.

  • MacCulloch & Wallis Ltd v Moore

    31 December 2002

    In MacCulloch & Wallis Ltd v Moore EAT/51/02, the Employment Appeal Tribunal held that the right to time off for dependants is a right to be permitted a reasonable amount of time off to provide assistance or arrange for the provision of care if a dependant is taken ill or injured. The employee cannot extend that period unless there is clear evidence that further assistance or arrangements are required. Although what constitutes a reasonable amount of time off will vary depending on the circumstances, in most cases only one or two days will be needed to deal with the immediate issue and make any necessary longer-term arrangements.

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Employment law cases: HR and legal information and guidance relating to time off for dependants.