Emergency leave

Case 6: The facts

Mr Truelove needed to take a day off work to look after his daughter when his usual babysitting arrangements fell down. He requested a day's leave but did not tell his employer why he needed the leave; the employer refused his request.

When he had still been unable to find alternative childcare by the day before he needed the leave, he told his employer that there was no-one to look after his daughter the following day and that he might be absent. He took the day off and was disciplined, losing a bonus as a result.

Truelove claimed that he had a statutory right to time off in those circumstances under section 57A of the Employment Rights Act 1996, which deals with emergency leave.

The ruling

The EAT held that Truelove had a statutory right to time off. The only issue was whether the employer was aware of the reason for the time off. Truelove told his manager that there was no-one to look after his daughter and had previously asked for leave; this, the EAT said, should have indicated that the leave was for urgent family reasons. His claim therefore succeeded.

Truelove v Safeway Stores UKEAT/0295/04