Interesting decision by the Employment Tribunal regarding time off to look after a sick dependant. The tribunal, made a decision after looking at the evidence over the dismissal of Alison Balch, who took time off seven times during her six-month trial period at Royal Mail and was as a result dismissed. The tribunal decided that the applicant had been unfairly dismissed as she received no formal warning about her attendance before she was fired. She was awarded £8,000 compensation as she was unfairly dismissed.
The tribunal heard that, as a new employee, Balch should have been given a performance review after three months and the employer, the Royal Mail, should have implemented a firm and clear plan monitoring and supporting the employee in question.
It would also appear that although her line manager had written up a performance review plan, she did not see this until she met him for her six-month assessment. She was dismissed shortly after this meeting and given one week's notice, despite explaining that her five-year-old son suffered from intense health problems.
The tribunal ruled that both Balch's contract of employment and Royal Mail's attendance procedures failed to mention time off for dependants and so failed to embrace the provisions set out in the Employment Rights Act. In addition the new Equality Act of 2010 (brought in by Harriot Harman) makes it clear that time off to care for dependants is something that an employer should consider carefully and decide on making reasonable judgment. TU reps should therefore study the new Equalities Act carefully when presented with similar cases as I am sure there will be a few flying around.
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