Time off

Q. A member thought that they had the day off until their manager phoned them (at 9:30 in the morning) querying where they were. The employee then agreed to try to come in but as they couldn’t subsequently arrange childcare, they had to phone the manager back and explain why they would need to stay at home after all. The manager was unsympathetic and the employee is now facing disciplinary action. What is the legal position on time off for childcare?

A. Under section 57A of the Employment Rights Act 1996, employees are entitled to take reasonable time off to care for dependents. If the employee can show that taking time off was necessary and due to an unexpected disruption to childcare arrangements, then they can probably claim protection from disciplinary action, or in the event that disciplinary action is taken, remedies from a tribunal.

The decision to discipline them may also be sufficiently unreasonable for them to consider resigning and claiming constructive unfair dismissal. In any event, as a first step they should raise a grievance.