Time off for funerals

Q: Does the right to time off for family reasons include time off to attend an aunt’s funeral?

A: The right to time off in consequence of the death of a dependant under section 57A of the Employment Rights Act 1996 could only apply in respect of an aunt if she was living in the same household as the employee, in accordance with the Act’s definition of a “dependant”.

If she was a dependant, the time off would include time to arrange and attend her funeral but would not extend to bereavement leave (see Forster v Cartwright Black UKEAT/0179/04 [2004] IRLR 781).