Parental leave

Case 5: The facts

Mr Rodway requested a day's unpaid parental leave to look after his son. His employer did not give him a definite answer as to whether or not he could take it, so he went ahead and took it. As a consequence he was disciplined. Rodway claimed that he had suffered a detriment under the Maternity and Parental Leave etc Regulations 1999.

The ruling

The EAT held that, in the absence of a workplace agreement allowing for it to be taken over shorter periods, the statutory scheme only allowed for parental leave to be taken in blocks of a week at a time. As Rodway had not taken leave in accordance with the regulations, his claim failed.

South Central Trains v Rodway UKEAT/0099/04