Dependants and family emergencies

The need for time off to care for dependants gained a new level of recognition during the pandemic, going beyond the existing legal entitlement. Employees (but not agency workers) already had a legal right to take a reasonable amount of unpaid time off work to care for a dependant under Section 57A of the Employment Rights Act 1996. Guidance from the Acas employment advisory service says this right is to deal with “unforeseen matters and emergencies”.

There are no limits on how many times an employee can take time off for dependants. An employee can make a complaint to the employment tribunal that they have been unfairly refused time off to care for dependants. Dismissing an employee for taking time off for dependants will be automatically unfair.

But there is also room for negotiation on this issue, in parallel with a sickness absence policy. For example, BAE Systems Maritime-Naval Ships, Glasgow (Scotstoun and Govan) allows paid leave up to a maximum of two spells of three days in each 12-month period for proven incidences of family sickness or urgent family business.