Time off work to care for dependents.

If an employer refuses a holiday request and the employee takes time off without permission then disciplinary action can be taken against the employee. If the employee takes sick leave having had the holiday request denied then the employer may require a medical certificate to be provided to confirm that the employee was genuinely sick.

However all is not entirely lost as employees who are parents with children have the right to take a ‘reasonable amount’ of time off during their working hours in order to take ‘action which is necessary’ because of the ‘unexpected disruption……of arrangements for the care of a dependent’. In these circumstances the employer can only refuse 

1) where it is not necessary for the employee to take time off and

2) where the amount of time off work requested by the employee is unreasonable.

When considering the issue of whether or not ‘it is necessary to take the time off’ an Employment Tribunal would consider the nature of the request, ie school closure, the relationship between the employee and the child that is to be cared for and the extent to which anyone else can provide assistance, for example another relative or friend.

Another consideration for the Employment Tribunal is whether or not knowing a school is to be closed in a week’s time would be classed as ‘unexpected or sudden’. In a recent case a mother was given 2 weeks’ notice of the unavailability of her child-minder. Unable to find alternative arrangements she stayed off work and was subsequently disciplined by her employer. The Employment Appeal Tribunal found in her favour confirming that her circumstances were sufficiently ‘unexpected’.

Each case should be treated individually and whether or not a particular employee would be protected by Employment Legislation is dependent on the specific circumstances. If you would like any further advice on this or any employment issue contact Bev Moseley on b.moseley@nockolds.co.uk or 01279 712501

Bev Moseley (profile) Monday 28th November 2011
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Supporting CLIC Sargent - Trail Plus Challenge

Following on from the success and enjoyment of the Isabel Hospice Ride earlier this year, Nockolds have decided yet again to forego a relaxing Sunday for an extreme day of biking, running and kayaking!

Team Members include:

Sarah Miles

Tracy Ketteridge

Pete Dodd

Peter King

James Brunton

William Thomas

Harriet Jones

Orla Bingham

Alfonso Valero

The Camberly Caper, October 16th, is a Trail Plus event supporting CLIC Sargent.

CLIC Sargent provides incredible support for children and young people with cancer and their families.

 Sarah Miles, Commercial Solicitor at Nockolds explained, "Anyone with children knows how worrying it can be when they are knocked out with a bad cold, but to imagine how you must feel if your children suffer with cancer is beyond comprehension. It is all too easy to carry on in your own life and forget about the problems that so many families go through"

To support the team please contact marketing@nockolds.co.uk or sponsor them at https://www.justgiving.com/Nockolds-Solicitors0

Alfonso Valero (profile) James Brunton (profile) Pete Dodd (profile) Peter King (profile) Sarah Miles (profile) Wednesday 5th October 2011
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Choose Quality Advice

From September 2011 the Law Society have launched the “Choose Quality Advice” campaign to assist members of the public in locating appropriately qualified solicitors to assist them.  The Law Society accredited experts are measured against the highest standard and are shown to have expert skills and knowledge in their field.  Nockolds have Law Society accredited specialists in both their Family and Personal Injury teams.

In the Family team, Peter Dodd who is a partner in the department, and Francesca Cozens are Family Law Accreditation Scheme Members and Jennie Jones, who is a partner in the Personal Injury team, has been accredited under the Law Society Personal Injury Accreditation Scheme.  Each of these individuals could assist you.  Should you have any questions please do not hesitate to contact any of these individuals. 

Francesca Cozens (profile) Jennie Jones (profile) Pete Dodd (profile) Thursday 29th September 2011
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Hot off the press: Nockolds News: Looking After You

This first issue looks at Planning Ahead. Whether that is amending your Will or Lasting Power of Attorney, to knowing your basic legal rights for the holiday season and understanding more about the headlines surrounding the recent care home news stories, we hope you will find the articles thought provoking and useful.

FOR YOUR COPY CLICK HERE

Through our newsletter we want to provide you with the facts surrounding legal decisions and dispel those urban myths such as “Do all assets automatically pass to your spouse when you pass away?”

We also want you to see the person behind the solicitor. We are proud of our teams and their common sense approach to dealing with client’s issues and building personal relationships with clients. In the newsletter we will introduce you to one of our legal experts and give you an insight into their day.

“And finally”, we get behind the headlines looking at the legal implications of some of the big news stories of the past months.

If you would like to subscribe to our newsletter please click here .

We would love to hear your comments please email us at newsteam@nockolds.co.uk

Natalie Morris (profile) Monday 8th August 2011