Dependants’ Leave - Time Off When You Need It

Dependants’ leave is your statutory right to take unpaid time off work to deal with emergencies involving those who rely on you for care or support. This includes children, partners, parents, and other individuals in your household. Whether it's a child falling ill, a sudden crisis, or a family member in need of urgent care, dependant leave is there to help you navigate unexpected situations.

While there is no set limit on how much time off you can take, the amount should be reasonable and sufficient to deal with the immediate issue.

A dependant isn't just limited to your child. The law also includes:

• Your spouse or civil partner
• Your parent (even if they are not living with you)
• A person living in the same household (except for tenants, lodgers, or employees)

This means if you need to take care of a sick parent, support your spouse through an emergency, or arrange temporary care for your child, you are entitled to dependant leave.

Dependants’ leave is designed for those unexpected emergencies that require immediate attention. This includes situations like:

• Child illness or accidents
• Partner’s or parent's serious illness
• Breakdown of care arrangements for your dependant (e.g. child, elderly parent)
• Sudden emergencies involving a dependant who cannot care for themselves.

It's there for those moments when you need to step in and care for a loved one without having to worry about your job.

The law does not specify an exact number of days you are allowed to take for dependant leave. However, it is expected to be reasonable. In most cases, you may only need a few hours or one or two days to manage the immediate situation. Your employer should allow you enough time to handle the issue, but it should not extend unnecessarily.

Under the Employment Rights Act 1996, you have a statutory right to take time off to deal with an emergency involving a dependant. This means you cannot be penalised for requesting time off, and you cannot be dismissed for taking it.

If your employer refuses to grant you leave or disciplines you for taking it, you may be able to file a claim in the Employment Tribunal. The Tribunal may award compensation, including loss of earnings, and, if the dismissal is deemed unfair, you may receive compensation based on your length of service.

It’s natural to worry about the impact of taking leave for an emergency. However, it is illegal for your employer to discipline you or fire you simply for taking dependant leave. If this happens, you may have grounds for an unfair dismissal claim or a claim for detriment.

If you are unfairly dismissed or penalised for requesting or taking dependant leave, the Employment Tribunal can intervene and may award compensation based on factors such as:

• The reason for dismissal
• Any treatment which placed you at a disadvantage
• The financial loss you suffered as a result

It’s important to act quickly, as claims must usually be made within three months from the date of the dismissal or detriment.

If you’re denied dependant leave, you should take the following steps:

1. Communicate with your employer: Explain the situation and your legal right to time off for dependants.
2. Check your contract: Some employment contracts may have specific policies on dependant leave.
3. Seek advice: If your employer insists on refusing your leave or takes disciplinary action, consider seeking advice from an employment solicitor.
4. Claim in the Employment Tribunal: If you believe your legal rights have been breached, you may be entitled to bring a claim in the Employment Tribunal.

If you’re unsure about your dependant leave rights, or if you’ve been unfairly treated by your employer, our expert solicitors at Winston Solicitors can help. Speak to a solicitor today to ensure you understand your rights and get the support you deserve.

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