UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

Dear Sir Madam, My wife has just ahd her appendix removed

Dear Sir Madam, My wife has...
Dear Sir Madam,

My wife has just ahd her appendix removed and adhesions from her fallopian tubes. She was given a sick note on wednesday for two weeks and then to be reassed by the Dr. The sick note stated that she had to have complete rest and assistance with our family.

We have 3 children, 17, 15 & 8. The 17 year old is in exams at college where he leaves early in the morning and does not come home until late. My 15 year old has been off school for a couple of months whilst under a consultant for head related problems and he requires possible lumber puntures in the coming weeks.

I have an 8 year old daughter who requires caring for and that falls to me. I have contacted my employer who at first said to take the time off unpaid, now they have said that I cannot do this. Can you please advise me on whether I am able to take unpaid leave, parental leave as an emergency or what I can do.

Thanks. I work in London but my family are in Cornwall.
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 6 minutes by:
1/4/2013
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 70,837
Experience: Over 5 years in practice.
Verified
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

How long have you worked there?
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago


Hello,


 


For just over a year now. My wife was unwell throughout the year and they had given me compassionate days, some I repaid by working others they did not ask for. I know that I am not entitled to any compassionate days and do not expect that but they are saying they have been more than generous enough and that I am not allowed even unpaid days.


 

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Hello, my colleague has asked me to assist with your query as it is more my area of law. Is there an unpaid leave policy in your workplace?
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago


I have looked at the contract and it just states that we work a minimum 12 hour shift 7 days a week followed by 7 days off. During this time we have to take our annual holidays of 4.8 weeks a year and that there is no entitlement for payments for any additional days off in lieu.


 

You would usually only be allowed to take unpaid time off work if the employer allows it or if there is a specific policy that deals with that. However, there are times when you may have to take time off in emergencies and there is a principle known as 'time off for dependants' which you could rely on.

To qualify, you need to be taking the time off due to an emergency or unexpected situation and be doing so to look after a dependant of yours. One of the situations described is taking time off to deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant. So you can argue that your circumstances mean that there has been an unexpected breakdown in the normal care of your daughter and as such you are expected to take the time off.

You are only allowed to take reasonable time off and there is no limit stated in law, it all depends on the circumstances. For example, you would not be expected to continue to take time off if your wife or someone else is in a position to start looking after your daughter.

To take the time off you need to inform your employer ASAP of the reasons for your absence and tell them how long you expect to be away for.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago


Thanks for the answer. I have been in regular contact with them and the response is pretty much tough you had compassionate in 2012 and now you have to work. I really needed to ascertain if I could legally take a few days off to do just what you had suggested.

The legal right is there, but it does not prevent the employer from challenging it and even taking action because of it. That is when you will have to defend yourself by arguing it was justified as per my earlier advice
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,086
49,086 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

49,086 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I work in London full time and have been continuously
Second opinion] I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccess… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
After my brain injury caused by an accident at work, and 3
After my brain injury caused by an accident at work, and 3 months off work, I returned to work on 02/01/18 on a phased return to work. My employer had agreed to this during a meeting on 06/12/17. But … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I work in London full time and have been continuously
I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccessful and would be… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
Based.. can you still help? Or have Uk branch? Manager and
I'm UK based.. can you still help? Or have Uk branch? … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
Another person has been hired by my company for my role with
Another person has been hired by my company for my role with exactly the same job title, without me being informed. What rights do I have?… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My wife has worked in a pharmacy for 10 years. She has been
Hi. My wife has worked in a pharmacy for 10 years. She has been banking the takings for a considerable length of time. Apparently there has been questionable errors made over an undisclosed period. My… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
At my new work place someone was told not to come in
at my new work place someone was told not to come in anymore, they wasn't given a real reason, my employer and he's wife change their mind on a daily basis and they have had new staff on a weekly basi… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
The current system I support is being taken out of service
the current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My company is going through a redundancy process and has had
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees. One of the sections in this is “Qualifications-Fit of qualifica… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I have worked for 3,5 years for Holland & Barrett and have
I have worked for 3,5 years for Holland & Barrett and have been transferred to different stores and changed my working hours on many occasions without any notice or my consent. Thy forced me to work m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Ben. I have a strong feeling I will be made redundant due to
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing someth… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
If a Deputy Headteacher was told by the Headteacher to
if a Deputy Headteacher was told by the Headteacher to Quality assure the school Single Central Record and they say they have and it later emerges they have. It and the register is inadequate.........… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
My daughter has been working for a local factory in the
Hi, my daughter has been working for a local factory in the sample department since June 2017. (I work in the same factory) This has been on 2 temp contracts of 3 months each. She is 20, has depressio… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I wish to write a formal complaint about not only a local
i wish to write a formal complaint about not only a local council employee who's title is and was at time of first meeting (assessment interview) unprofessional discourteous dismissive inappropriate u… read more
Nick H
Nick H
LLB
123 satisfied customers
I am intending to resign from a sales position and have an
Hello, I am intending to resign from a sales position and have an amount of commission payments in various states - overdue, pending approval, in dispute, due to be eligible from bookings within my no… read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers
I want to talk with an employment lawyer regarding to an
Second opinion] Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
frantzgregory
frantzgregory
673 satisfied customers
My husband was working as a salaried person and was asked if
My husband was working as a salaried person and was asked if he wanted to become a partner when one of the two existing partners retired. The retiring partner retired on June 30th 2007 and my husband … read more
Julie Kingham
Julie Kingham
Director
Chartered Tax Adviser
733 satisfied customers
I want to talk with an employment lawyer regarding to an
Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
Ben Jones
Ben Jones
UK Lawyer
49,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x