Emergency time off

Q. A member is the grandmother of a child called Lily whose parents went on holiday and left her with a carer. Unfortunately, the carer broke her leg and cannot look after Lily for the remaining 10 days of the parents’ holiday. The member asked for emergency time off so she could step in, but the employer has refused. What can be done?

A. Under section 57A of Employment Rights Act 1996 (“ERA”) an employee is entitled to take a reasonable amount of unpaid time off to care for a dependant (where the usual care arrangements have been unexpectedly disrupted/terminated).

As the definition of a dependant extends to anyone who “reasonably relies on the employee to make arrangements for the provision of care”, Lily’s grandmother can insist on taking time off.

She should explain again to the employer that there is no one else to care for Lily, that this situation could not have been anticipated as well as how long she anticipates being away from work.

Your member should take steps to make alternative care arrangements (so far as practicable) and keep a record of the steps that she has taken. If the employer takes disciplinary action, your member may well have a tribunal claim for a breach of the ERA, for sex discrimination, and if she is dismissed, for unfair dismissal.