Dependant Leave

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.