Taking emergency leave

[ch 5: page 42]

The right to time off is either to deal with unexpected or sudden events involving a dependant or to make arrangements for their care (Qua v John Ford Morrison EAT/884/01 [2003] IRLR 184).

The amount of leave is what is “reasonable in the circumstances” and is likely to involve relatively short periods of absence (Uzowuru v LB Tower Hamlets [2005] All ER (D) 181).

It extends to time off following a dependant’s death to make funeral arrangements and to attend the funeral, but not to compassionate leave following bereavement (Forster v Cartwright Black Solicitors [2004] IRLR 781).

An employee who requests time off for urgent domestic reasons should provide enough information for their employer to know that the leave is for those purposes (Truelove v Safeway Stores [2005] All ER (D) 343).

The right to time off to deal with a family emergency is available when the employee needs to support a dependant.

A dependant is defined as a husband, wife or partner, child or parent, or someone who depends and lives with the employee as part of the family. It could also include someone who relies solely on the employee for help in an emergency.

Further information is available at: www.gov.uk/time-off-for-dependants/whats-an-emergency.