Your employees are legally entitled to take time off for dependants

Your employees are legally entitled to take time off for dependants. Read on to discover how much and what you need to be aware of as their employer.

When can employees have time off for dependants?

1. When a dependant falls ill, gives birth, is injured or assaulted.
2. To make arrangements for the provision of care of a dependant who is ill or injured
3. In consequence of death of a dependant
4. Because of disruption or termination of arrangements for the care of a dependant
5. To deal with an incident which involves the employees child which occurs unexpectedly in a period during in which an educational establishment is responsible for the child.

Who are dependants?

Dependant in this case means a spouse, civil partner, child or parent of the child. It can also mean in certain circumstances a person who relies upon the employee should they fall ill.

What processes are involved?

The employee must inform the employee as soon as reasonably practicable for the reason for the absence and how long they will be absent for. The employer cannot refuse the request on the basis that there will be disruption as a result of the absence.

What are the legal rights of the employee?

If an employee is dismissed for reasons relating to taking time off under this Section then he or she will be automatically unfairly dismissed. If leave is merely refused, the employee can pursue a claim for compensation to an employment tribunal.

Does the leave have to be paid or unpaid?

Leave does not have to be paid although an employer may choose to make such leave paid. It depends upon the contract of employment or staff handbook. It also depends upon how much time is involved. After all, it would appear to be very harsh to reduce an employee's pay by half an hour if there is a good reason for them attending work late.

What's the good news? 

This area of law is very much open to interpretation. However, it is generally aimed at dealing with unexpected events. If, for example, a parent is given notice of a teachers strike that will take place in four weeks time, it is doubtful that the parent could rely upon this Section as the parent will have had the opportunity to explore alternative arrangements.

The aim of the Section is not for the parent to take off an indefinite amount of time. It is aimed at them making alternative suitable arrangements for care and then returning to work thereafter. This could for example mean taking an hour off of work to take a child to a grandparent's house.

If an employer is met with such a request they should look at the reason for the request and how long the employee will be absent for. It is important that the employee is made aware of the fact that there is an onus upon them to make alternative arrangements rather than merely staying with a child who is ill or who attends a school that is closed.

What is the Act that enables employees to take time off for dependants?

This article gives our interpretation on time off for dependants which exists under Section 57A Employment Rights Act 1996. You may need to consult in more details depending upon your specific circumstances.

As with any HR issue, this matter needs to be dealt with carefully and methodically and never in haste. If in any doubt then the employer should seek legal advice. Contact us for further advice on this issue on 01582 439795 or click here for details of our cost effective HR package that protects employers against claims and provides effective legal advice when needed.

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Do we need a social media policy

Social media is here to stay whether we like it or not. However, a lot of Companies appear to be unsure as to how to embrace social media and more importantly how to control and supervise staff using social media.

The first issue with social media is staff using their own social media sites. For example, if a person makes a comment on Twitter or Facebook, a Company needs to ensure that there is no potential bullying or inappropriate comments concerning other members of staff. Further, the Company will want to ensure that no inappropriate comments are made about the Company itself or indeed any of its customers. It is useful to advise staff that they should make it very clear that any views expressed are their own personal views and not those of the Company. However, this may only provide for limited protection.

Linked in is another issue entirely. On Linkedin there is of course the option to provide endorsements of other persons and their work. Again, the Company needs to ensure that staff are aware that they have no authority to give such recommendations etc on behalf of the Company and that any views expressed are those of the individual.

In relation to the Company's own social media pages, it is often useful to give this task to a senior member of staff who is trusted by management to post appropriate messages etc. The person also clearly needs to have a good knowledge of how social media works.

In summary there are a number of key issues that any Company needs to address in relation to social media:

• Have a clear policy on what is and what is not allowed. Consult with staff in drawing up any policy and ensure that staff are provided with the policy and that it is reviewed regularly.
• Be very clear on what is included namely own sites and Company sites and what sites are covered by the policy.
• Have a person in charge of social media who will be responsible for the Company site and monitoring the sites of individual staff.
• Be very clear about views expressed and whether the Company is or is not happy to be linked to such comments. This will also apply to recommendations.
• Make staff aware that misuse of social media is a disciplinary offence and, in extreme cases, can lead to dismissal.
• Provide staff training on the policy and how to use social media to further reinforce the message.
• In relation to the effectiveness of social media, the Company will need to set clear KPI's as to how effective its use of social media is and what it hopes to achieve.

If you wish to discuss social media policies further or need help in drafting an appropriate policy then please feel free to contact us.