Employees in Great Britain have a statutory right to a reasonable amount of time off work to deal with certain unexpected events involving someone who depends on them. The right is in section 57A of the Employment Rights Act 1996, which applies in England, Wales and Scotland, and it is enforced through section 57B. This is general information, not legal advice.
Who can use the right
The right belongs to employees. Government guidance tells people to check their employment status, because the right applies to those classed as employees rather than to every worker. Our guide to employment status explains how that test works. There is no minimum length of service in the wording of section 57A(1).
Who counts as a dependant
Under section 57A(3), a dependant is the employee’s spouse or civil partner, child or parent, or a person who lives in the same household, provided that person is not living there as the employee’s employee, tenant, lodger or boarder. The definition is wider for two of the situations. For assistance when someone falls ill or is injured or assaulted, and for arranging care for someone who is ill or injured, it also includes any person who reasonably relies on the employee. For unexpected disruption or termination of care arrangements, it includes anyone who reasonably relies on the employee to arrange care. Government guidance lists a spouse, partner, child, grandchild, parent or someone who depends on you for care. Illness or injury includes mental illness or injury (section 57A(6)).
The five situations covered
Section 57A(1) entitles an employee to be permitted a reasonable amount of time off during working hours to take action that is necessary:
- to provide assistance when a dependant falls ill, gives birth or is injured or assaulted;
- to arrange care for a dependant who is ill or injured;
- because of the death of a dependant;
- because of the unexpected disruption or termination of arrangements for a dependant’s care; or
- to deal with an unexpected incident involving the employee’s child while an educational establishment is responsible for the child.
The wording focuses on necessary action. GOV.UK gives the example of a child falling ill, where an employee could take time off to see a doctor and make care arrangements. If the employee wants to look after the child for longer, the employer may ask them to take annual leave or parental leave.
How much time off is reasonable
The statute does not fix a number of days. GOV.UK says the allowance is a reasonable amount of time, with no set amount because it depends on the situation, and that there is no limit on how many times an employee can take time off for dependants. The employer may want to talk if they think the time off is affecting the employee’s work. In practice the right is designed for emergencies and short-term arrangements, not for extended caring, which is why guidance points towards annual leave, parental leave or compassionate leave for longer periods.
Telling your employer
Section 57A(2) sets two conditions. The employee must tell the employer the reason for the absence as soon as reasonably practicable, and must say how long they expect to be away, unless that cannot be done until after they have returned to work. Both matter: an employee who fails to give the reason may find the statutory protection does not apply. A short message covering the reason and the likely length is enough to satisfy the wording.
Planned events are not covered
The right is for unforeseen situations. GOV.UK states that an employee cannot have time off if they knew about the situation beforehand, and gives the example of taking a child to a planned hospital appointment. That kind of absence may be better handled through parental leave or a flexible working arrangement. Our guide to flexible working requests explains the process for changes to working patterns.
Pay
GOV.UK says an employer may pay an employee for the time off but does not have to, and suggests checking the contract, company handbook or intranet for any rules. Compassionate leave, which can be paid or unpaid, may be available where dependant leave is not given, again depending on the contract or workplace policy.
If the employer refuses
Section 57B lets an employee complain to an employment tribunal that the employer unreasonably refused to permit the time off. The complaint must ordinarily be presented within three months of the refusal, with a further period allowed if the tribunal accepts it was not reasonably practicable to file in time. The time limit is extended where early conciliation applies; see our guide to ACAS early conciliation and tribunal time limits. If the complaint succeeds, the tribunal must make a declaration and may award compensation the tribunal considers just and equitable, having regard to the employer’s default and any loss attributable to it.
FAQs
Can I take dependant leave if my child’s school closes for a planned inset day?
No. The educational-establishment limb covers unexpected incidents involving the child, and government guidance excludes situations known about in advance.
Does my partner count as a dependant if we live together but are not married?
Section 57A(3) covers a spouse or civil partner, and separately a person who lives in the same household as the employee other than as an employee, tenant, lodger or boarder, so a cohabiting partner can qualify.
Must the time off be paid?
No. Government guidance says employers may pay for it but do not have to, so pay depends on the contract or workplace policy.
The bottom line
Section 57A gives employees across Great Britain a right to reasonable time off for genuine emergencies involving a dependant. It covers five defined situations, needs prompt notice of the reason and expected length, and does not cover planned events. Pay is not guaranteed, and an unreasonable refusal can be taken to an employment tribunal within three months, subject to conciliation extensions.