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Hi I currently work for Tesco, I am on a final warning and my Childs mother is due for an operation so I need to take some time off to take care of my child at least one week was told weeks ago that I would be supported but now we are a week on half away from the op the support has not been put in place I spoken to my manger and got on joy and my personal manger today was asked why I need a week and said that what the hospital have said I was told me my manger and personal manger would have a meeting about it tomorrow I am now worried that they won't support me and my Childs mother will have to cancelle her operation thanks for you time .
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Re: supporting your attendce at work in need of advice
Write a letter stating that as no support has yet been forth coming and under section 57A of the employment rights act 1996 you have a statutory right to take reasonable time off for dependents which includes spouses and children, and as such you will be taking time of work to care for your child whilst the child's mother recovers from her operation whether they have agreed or not. and this letter serves as your notice of intent to take time off under section 57A.
As for them taking action against you for enforcing your statutory rights under section 57A, point them to section 99 ss3 (d) employment rights act 1996, which protects you from being dismissed for taking time off under section 57A and makes clear that any such dismissal would be unfair dismissal. They also can not discipline you either as that would be a breach of your rights too.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
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Re: supporting your attendce at work in need of advice
As you asked for a week, parental leave may be more appropriate in this situation.
https://www.gov.uk/parental-leave
As long as you are eligible you have the same sort of protection as time off for dependents.
http://www.legislation.gov.uk/ukpga/...III/chapter/II
http://www.legislation.gov.uk/ukpga/1996/18/section/47C
It doesn't matter that you didn't use a particular name for the leave you asked for at the time, or that you didn't follow a formal process. If your employer required you to fill in forms etc. they should have provided them when you asked.
As Teaboy suggests, you could write a letter reminding them of these rights.Comment
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