When is a disruption unexpected?

14 October 2008

Employees who exercise their right to take time off work to care for a dependent due to an unexpected disruption, do not have to dash off on the spur of the moment, the Employment Appeal Tribunal (EAT) has decided. Indeed they may have heard about the unexpected change of plan several weeks in advance.

The right to time off for dependents allows employees to take time off work when a dependant is suddenly taken ill, has been assaulted or injured, gives birth or dies. It also kicks in when existing arrangements for the care of a dependent are unexpectedly disrupted or come to an end.

In the case of RBS v Harrison, Mrs Harrison found out that her childminder was going to be unavailable two weeks before she took her time off.

The EAT considered the argument that an “unexpected” disruption in childcare arrangements has to take the form of an emergency or be sudden in order for the employee to qualify for time off.

The EAT held that the passage of time between the employee’s discovery of the forthcoming disruption of care arrangements and that disruption taking effect was to be considered when deciding whether it was “necessary” for an employee to take the time off. However, the word “unexpected” does not involve a time element. The words “sudden” or “in emergency” could not be read into the legislation.

The employee had done all she could to organise alternative childcare arrangements and had informed her employer at the earliest opportunity of the need take time off. As such, it was considered necessary and reasonable for the employee to take off the day in question.