Time Off for Dependants

Under section 57A of the Employment Rights Act 1996, employees have the right to take a reasonable amount of time off to:

• Provide assistance when a dependant falls ill, gives birth, or is injured or assaulted
• Make arrangements for the care of a dependant who is ill or injured
• Deal with the unexpected disruption or termination of the dependant's care arrangements
• Deal with a death of a dependant
• Deal with an unexpected incident involving the employee's child during the child's school hours

The right is intended for emergencies and unexpected situations. If your usual childcare arrangements break down suddenly on the morning of a working day, you can use this right to take the time off needed to make alternative arrangements. It is not intended for ongoing care needs or planned absences.

A dependant includes:

• A spouse, civil partner, or partner
• A child of the employee
• A parent of the employee
• A person who lives in the same household as the employee (other than as a lodger, boarder, or employee)
• Any person who reasonably relies on the employee for assistance — in particular, if the person is ill or injured

The definition is broader than immediate family — it can include a grandparent, a friend, or even a carer's client, provided they reasonably rely on the employee. The key is the element of dependency and the reasonable expectation that the employee will provide assistance in an emergency.

To exercise the right to emergency time off, you must tell your employer the reason for the absence and how long you expect to be off as soon as reasonably practicable. You do not need to give advance notice — by definition, the right covers emergencies where advance notice may not be possible.

The leave is unpaid under the statutory right. However, many employers have more generous contractual policies — for example, providing a day or more of paid emergency leave per year. Check your employment contract or staff handbook.

Your employer cannot dismiss you or subject you to any detriment for taking time off for dependants. Dismissal for this reason is automatically unfair, regardless of your length of service. Detriment could include being denied promotion, receiving a negative performance review, or being disciplined for the absence.