Bereavement leave

The right to time off following the death of a dependant does not include a right to bereavement leave.

The facts

Mrs Forster was dismissed after taking time off work following the death of her mother. She did not have the year's service needed to claim ordinary unfair dismissal, but claimed that she was dismissed for an inadmissible reason under section 57A of the Employment Rights Act 1996 - because she had taken time off in consequence of the death of a dependant. There is no qualifying period of employment for the right to bring a claim on such grounds.

The ruling

The EAT held that the right to time off following a dependant's death includes time to make funeral arrangements and attend the funeral, but does not give a right to compassionate leave as a result of bereavement.

Forster v Cartwright Black Solicitors UKEAT/0179/04