iceman26
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| posted on 9/6/11 at 06:14 PM |
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legal advise needed
hi can any one help me with some advise
i have a disabled mum whos main carer is my dad, they live 300 miles away
my dad has got to go in to hospital to have an op and he has asked if i can come and look after my
mum i said ok ,well went in work today to book holiday so i can go down to help out, but work have said no
because we have other people of at that time 1 tec and 1 supervisor .
if im of as well it would sill leave 3 tecs in and if they wanted to they could get someone in from other branch
am i beeing out of order for asking for time of and how do i stand with the law on this. i know if it is a child it is not a
problem but cant find out about my parents
i would thank anyone with any help
thanks
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macc man
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| posted on 9/6/11 at 06:21 PM |
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I should think it is down to your boss to exercise his discretion. Most would say yes but there is always one.
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JoelP
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| posted on 9/6/11 at 06:36 PM |
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as above, your employer can refuse any holidays that they dont like, or make you take them, with appropriate notice, whenever is good for them. I know
of no legal obligation for them to accomodate you.
That said, you would expect a good employer to show some compassion here.
Beware! Bourettes is binfectious.
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JoelP
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| posted on 9/6/11 at 06:37 PM |
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i believe you can take 3 days off sick without needing to provide a doctors note though...
Beware! Bourettes is binfectious.
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nick205
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| posted on 9/6/11 at 06:43 PM |
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AFAIK it's at the employer's discretion, but I believe they're obliged give each request due consideration.
Two things you might consider...
1. Do you have an HR or Personnel manager/dept? If so they may be able to offer some advice or even intervene on your behalf.
2. Do you have a copy of your employment contract? If so check to see if there's anything covering compassionate leave.
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AndyW
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| posted on 9/6/11 at 06:43 PM |
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A good employer will show compasion, but not at the cost of his business. I suggest if you want true and factual legal advice, to contact citizens
advice, that way you will be sure that whats being said is correct. with all due respect I see far too many people asking for legal advice from those
who are not legally qualified to give it. I hope your employer see's sense but I would speak to CAB for advice.
Im not having a pop at anyone nor am I trying to start a long debate, its just I hate to see people making decisions, that may not be the right ones.
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MikeR
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| posted on 9/6/11 at 07:39 PM |
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Could you not have a chat with the people who've booked holiday and see if someone is prepared to move their holiday.
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austin man
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| posted on 9/6/11 at 08:30 PM |
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I wouldn't advocate sickness as an option it will come back and bite you. The employer is well in his rights I doubt if he was a reasonable
employer that he would have just said no. Most companies have a policy in relation to numbers off at any one time, reasonable time for request (for
many this is 4 weeks) along with other reasons. You could always ask whether cover from another branch would be an option.
As stated previously the employer has his business to think of in all of this and any negative impact it may have upon him
Life is like a bowl of fruit, funny how all the weird looking ones are left alone
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ashg
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| posted on 9/6/11 at 08:59 PM |
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i asked to book 3 weeks off to go to newzeland a year in advance, they said no now hr are involved it has become a long arduous battle
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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Theshed
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| posted on 9/6/11 at 09:00 PM |
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If this seems pompous in the light of the above answers which are well intentioned and ....mainly incorrect. You may have the right to (unpaid) time
off if you can bring yourself within the scope of section 57A of the Employment Rights Act 1996. This states:
(1) An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee's working hours in
order to take action which is necessary—
(a) to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,
(b) to make arrangements for the provision of care for a dependant who is ill or injured,
(c) in consequence of the death of a dependant,
(d) because of the unexpected disruption or termination of arrangements for the care of a dependant, or
(e) to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational
establishment which the child attends is responsible for him.
(2) Subsection (1) does not apply unless the employee—
(a) tells his employer the reason for his absence as soon as reasonably practicable, and
(b) except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects
to be absent.
(3) Subject to subsections (4) and (5), for the purposes of this section “dependant” means, in relation to an employee—
(a) a spouse [or civil partner],
(b) a child,
(c) a parent,
(d) a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.
(4) For the purposes of subsection (1)(a) or (b) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who
reasonably relies on the employee—
(a) for assistance on an occasion when the person falls ill or is injured or assaulted, or
(b) to make arrangements for the provision of care in the event of illness or injury.
(5) For the purposes of subsection (1)(d) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who reasonably
relies on the employee to make arrangements for the provision of care.
(6) A reference in this section to illness or injury includes a reference to mental illness or injury.
Your problem may be that this section is really designed for emergencies but has been intrepreted as more generous than that by the Employment Appeal
Tribunal (check out a site caled Bailii and search for Royal Bank of Scotland v Harrison)
There is also a possibility that you can bring yourself within the Equality Act 2010 by the concept of "associated disability
discrimination"
I would ask again referring to section 57A above. If that fails then you could consider simply going anyhow and challenging your employer to do
anything about it . If you were disciplined or dismissed you may well be able to challenge it as unlawful but that is a lawyers response and you may
well not be in a position to take that risk.
Have you any friends or family who could help out or at a last resort social services?
Ultimately I guess you only have one set of parents.
Best of luck
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austin man
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| posted on 9/6/11 at 09:12 PM |
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I believe the term dependant refers to a person who is dependant upon you ie within your care wife child family ,member who live with you etc. If the
carer is a paid carer then there should be an allowance to engage someone else to undertake the care many boroughs have a pay structure called direct
payments which the carer is paid from not sure whether this is the case where your family members live.
We have the same problem when my mother is unable to look after my sister
Life is like a bowl of fruit, funny how all the weird looking ones are left alone
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Theshed
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| posted on 9/6/11 at 09:21 PM |
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Nope - Sub-section 57A(3) defines dependent - includes Parents whether actually dependent as a matter of plain english or not
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Ninehigh
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| posted on 10/6/11 at 02:50 PM |
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You could argue that your mum will be a dependant for that week, and your dad may be too...
Personally, and if it came to it, I'd politely tell them that I'm not abandoning my parents for ANY job.
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iceman26
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| posted on 11/6/11 at 11:30 AM |
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thanks for the replies i got 1 of the people off to swap with me
thanks
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