Labour Research (August 2013)

Law Queries

Family leave

Q. My member is from India and plans to travel home for a family wedding. Her employer has said “yes” on condition she signs a written agreement promising that if she doesn’t return to work on the agreed date, her employment contract will end automatically. She has three years’ service. Can her employer do this?

A. No. Because of the unequal bargaining power between employers and employees and the risk that employers will put pressure on employees to give up their rights, employment law has special rules preventing employees contracting out of their statutory employment rights. These include unfair dismissal rights and rights under the Equality Act 2010.

If your member fails to return on the agreed date, she will be at risk of dismissal, but your employer must carry out any dismissal fairly. Otherwise your member will have a potential claim for unfair dismissal.

Any agreement by your member that failure to return on the promised date will automatically end the employment contract will be of no legal effect whatsoever. It makes no difference that the agreement is written down and signed.

The only valid way to give up rights is through conciliation using a conciliation officer employed by the Acas Advisory Conciliation and Arbitration Service, or by entering into a valid compromise agreement (renamed Settlement Agreements from 29 July 2013). Any other agreement by an employee to give up these rights would be void.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.