Left Holding the Baby (and other employment problems)

There are certain questions that crop up regularly among my small business clients, and while every circumstance is slightly different, here’s some advice on how to approach some of these common issues if they occur in your organisation

I’ve an employee who always seems to need time off because of problems with her toddler. Last week she took two days off because he had an upset stomach. Her colleagues are getting a bit fed up with covering for her.

First of all, your employee has a legal right to take unpaid time off if an emergency situation arises with a dependant. This right is restricted to genuine emergencies (for example, if nursery ring to say the child is sick and needs to be collected) and not known issues (such as a hospital appointment for the child), and is also restricted to the time required to put in place alternative arrangements – which depending on the circumstances might be anything from an hour to a day – not to provide the care itself. It would be unusual for an ‘emergency’ to last more than a day. If the individual does need more time off, you may be prepared to allow them to take holidays or some other arrangement, but this is at your discretion.

If the employee seems to have ‘emergencies’ regularly, you can discuss with them the situation and look at ways of resolving it. Current case law suggests that the employee is not entitled to an unlimited use of this right. Consider ways that you might be able to get around the situation – for example short-term changes to working hours, or some other flexible arrangement. In the case of childcare particularly, you might want to discreetly find out if the employee’s partner could assist more (often in these cases it is the mum who ends up dealing with the problem every time, not the dad).

My business trades a lot with the EU and we’re badly affected by Brexit. A few members of our staff are vocally pro-Brexit. Can I sack them for promoting something which is damaging their employer?

Probably not. Although political views are not a ‘protected characteristic’ under the Equality Act, if someone feels they have been dismissed for holding a political opinion they can make an unfair dismissal claim even if they don’t have the normal two years’ service. You would have to have to show that dismissal was a reasonable response – and given that it’s unlikely that you can directly blame your employees for the current situation, it would be difficult to substantiate this.

What you can do is make it clear that people should not be using the workplace to promote political views. Someone who repeatedly broke this rule could be taken through the disciplinary procedure and ultimately dismissed. Make sure you apply the rule consistently though, not just against views that you disagree with!

I’m closing down part of my business in a few months and told the one employee in this area he’d be losing his job, and that he would be doing lower paid work somewhere else in the business. He got very irate and walked off the job, and has never returned. Now he’s threatening constructive dismissal – does he have a case?

Unless you were particularly abrupt or unpleasant in the way you told him or did it in a humiliating way (announcing it unexpectedly in front of colleagues for example), it’s unlikely. You are however putting him at risk of redundancy and needed to consult with him – including on whether the alternative work is suitable (if lower paid, it’s unlikely to be). That could leave you at risk of an unfair dismissal claim if the employee has more than 2 years’ service. As he’s walked off before you could undertake proper consultation, or even give him his legal notice, you are likely to have a defence against a claim, but it could get messy and time-consuming. If he does make a claim, consider settling through ACAS early conciliation or via a Settlement Agreement.