Dependants’ Leave Not Restricted to Emergencies
by Emma
In a recent case about time off for dependants the Employment Appeal Tribunal has given some guidance on how the words ”unexpected” and “necessary” in s57A (1) of the Employment Rights Act 1996 should be interpreted.
In the case an employee had discovered on 8 December that her childminder would not be able to look after her children on 22 December. She tried very hard to put in place alternative care arrangements but was unable to do so. She therefore asked her employer if she could take the day off as dependants’ leave. Her request was declined and when she took the day off anyway she was given a verbal warning for so doing.
The employee then brought a claim for being subjected to a detriment for exercising her right to dependants’ leave. The Employment Tribunal upheld her claim and the Employer appealed.
The EAT held, rejecting the appeal, that “unexpected” was an ordinary word when applied to the facts of each case and should not be supplemented by words such as “sudden” or “in emergency”. It also held that the passing of time between the discovery of the need to make alternative arrangements and the taking of time off was to be considered in the context of the word “necessary”.
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