Dismissal for time off with dependants
Ellis v Ratcliff Palfinger Ltd.
Employees can be dismissed in connection with the right to take time off for dependants and will only be protected and able to claim that their dismissal was automatically unfair where they explain the reason for their absence as soon as reasonably practicable.
In this case of Ellis v Ratcliff Palfinger Ltd the male employee failed to call his employer for some time from hospital where his wife had been admitted to give birth.
It was found that his dismissal was not automatically unfair.
Fitzhugh Gates Solicitors Comment
The employer must still respond reasonably.
An employee will still be able to claim ordinary (as opposed to automatic) unfair dismissal (if they have two years’ service), and the tribunal will then consider the reason for dismissal and whether it was fair in all the circumstances.
Julian Cioffi - Managing Partner
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