Time off for Dependants | Winston Solicitors Skip to main content

Time off for Dependants

Have you ever been refused or dismissed for requesting Dependant’s Leave?

If you have needed to take time off work in order to provide assistance when a Dependant fell ill, was injured or gave birth, and your request for time off was refused by your employer, you may be able to bring a claim in the Employment Tribunal. 

Did you know Dependant’s Leave is a statutory right?

Under the Employment Rights Act 1996 employees have a statutory right to take a reasonable amount of unpaid time off work to deal with emergencies involving their dependants.  This effectively means that time off is granted to take necessary action due to various unexpected or sudden events involving a Dependant.  The legislation does not stipulate “a reasonable amount of time” but it is likely that in most cases an employee will not need more than a few hours or, possibly one or two days, at most, to deal with the particular unexpected issue which has arisen involving a Dependant.

Who is a Dependant?

Under the legislation, a Dependant does not only mean a child of the employee but it can also include the employee’s spouse or civil partner, a parent of the employee, a person who lives in the same household as the employee but is not their tenant, lodger, boarder or employee.  Therefore, in addition the availability of Dependant’s Leave for employees who need to take time off to arrange a temporary carer for a child or to take a sick child to a relative or friend, time off can extend to other Dependants to deal with an immediate crisis where they have fallen ill unexpectedly.  For the “sandwich generation” the right will cover both their children and parents.

Can I bring a claim in the Employment Tribunal?

If you are an employee who has been refused permission to take time off to deal with an emergency involving a Dependant or if you were dismissed from your employment because you took time off or asked to take time off in accordance with your statutory right to do so, you can bring a claim in the Employment Tribunal within the time limit.   If the Employment Tribunal finds that an employee has been refused time off in contravention of their right or they have suffered a detriment for taking or requesting time off, the Employment Tribunal must make a declaration and may award compensation.  In assessing the amount of compensation to be awarded to the employee, the Employment Tribunal will consider the employer’s default and also any financial loss sustained by the employee. In a successful claim for automatic unfair dismissal where the employee has been dismissed for the reason or principal reason that they took or requested time off to deal with an emergency involving their dependant, the Employment Tribunal is likely to award compensation based on both length of service as well as loss of earnings.

Client feedback

Thank you for all your help was kind and professional wouldn't hesitate to use you again thanks again
Darren
I have received very professional help from Dervinder. Please don't hesitate to use Winston Solicitors
Andrzej
I recently sought assistance from Winston Solicitors, and I was thoroughly impressed with their service. They handled my query promptly and efficiently, ensuring I felt supported throughout the process. Their advice was clear, professional, and tailored to my specific needs, which gave me confidence in my next steps. My solicitor was approachable and knowledgeable, making what could have been a stressful situation much easier to navigate. I highly recommend Winston for anyone seeking reliable and expert legal guidance.
Syeda
Dervinder did a great job of advising me, under fairly tight time pressure. Very friendly and straightforward company to deal with. Would recommend
Freddie
Dervinder was incredibly helpful and provided a swift resolution for me.
Robert
Excellent service, went through all the detail. I felt very reassured. Great communication which really made me feel valued. Huge thanks to Dervinder for his support. Would not hesitate to recommend Winston Solicitors.
Anonymous
I needed Winston Solicitors at very short notice for an employment related issue. From day one, the help and support was fantastic, with excellent advice, great communications and ultimately the genuine feeling of being supported and someone “having my back”. The issue was dealt with swiftly and professionally, helping to bring to a close an exceptionally troubling situation that came out of nowhere. At times like this it’s reassuring to know that you’re not alone. I can’t thank Liz and her team enough.
Stephen
I recently used Winston Solicitors for Professional Services. I found Dervinder to be very helpful with clear and concise communication throughout the whole process. He made the entire process incredibly easy and I would thoroughly recommend their services.
Carol

Latest news