Employers should ensure that their timekeeping or absence policies are not inconsistent with statutory rights to time off, and that managers operating the policies are aware of these rights.
An employee exercised his right to unpaid time off to arrange emergency childcare, arriving at work 30 minutes late. The employer sought to apply its lateness policy requiring employees to sign a 'late form' agreeing to the deduction of an hour's pay. It then made the deduction despite the employee refusing to sign the form.
An ET ruled that this amounted to unlawful detriment, and that the employee's dismissal for refusing to sign the form was "connected with" his exercising his statutory right and therefore unlawful. The employer's 'late form' should have clearly set out the different position where lateness was due to exercising statutory rights. (Clarke v Credit Resource Solutions, ET)
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Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.