Employers are prohibited from making deductions from wages under Part II of the Employment Rights Act 1996 unless:
i) the deduction is required or authorised to be made by virtue of a statutory provision (e.g. PAYE tax or national insurance) or a relevant provision of the worker’s contract, or
ii) the worker has previously signified in writing his agreement or consent to the making of the deduction
This does not prevent deductions to reimburse employers for an overpayment of wages or expenses.
However, other deductions are unauthorised deductions which are actionable by the worker.
An employee is entitled to take time off for the following purposes during working hours:
(a) to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
(b) to make arrangements for the provision of care for a dependant who is ill or injured,
(c) in consequence of the death of a dependant,
(d) because of the unexpected disruption or termination of arrangements for the care of a dependant, or
(e) to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.
Unless the employee’s contract states otherwise such time off is unpaid. To exercise the right the employee must tell the employer as soon as reasonably practicable the reason for the absence and how long he/she expects to be absent.
The definition of dependant means spouse, civil partner, child, parent or other person who lives in the employee’s household (other than a tenant, lodger or employee). The right is extended in the case of illness or injury in (a) and (b) to anyone who reasonably relies on the employee in those circumstances.
If an employer unreasonably refuses time off under these provisions an employee can complain to an Employment Tribunal within 3 months of the refusal. The Tribunal can award such compensation as it considers just and equitable including any consequential loss.
(sections 57A and 57B Employment Rights Act 1996)
Case law has established that the amount of time off which is reasonable depends on the individual circumstances of the employee. In considering whether to grant dependant leave an employer can take into account number, length and dates of previous absences but cannot take into account disruption or inconvenience to the business. The time off is not available where a dependant has an underlying medical condition which is likely to cause regular relapses. It has also been held (Forster v Cartwright Black [2004] IRLR 781 EAT) that the time off does not cover compassionate leave arising from a bereavement.
A detriment is a disadvantage. If an employee, prospective employee or worker is subject to a detriment in the workplace that can amount to an act of discrimination provided the test for discrimination is met.
Discrimination is unlawful if it is on one of the following grounds:
1. Sex or marital status, gender etc
2. Race, colour, nationality, ethnic or national origins
3. Gender Reassignment
4. Religion or Belief
5. Sexual Orientation
6. Disability
7. Age
Each of the above have wider definitions in statute.
A dismissal is statutorily defined as either:
1. Dismissal by the employer with or without notice.
2. Expiry of a Fixed Term Contract without renewal.
3. Constructive Dismissal: which is resignation by the employee in circumstances where the employer is in material breach of a fundamental term of the contract of employment.
