Unfairly dismissed for caring for a dependant

Unfair dismissal, discrimination by association, probationary period and following correct procedure are all highlighted by a recent case involving the Royal Mail.  At first sight the circumstances are straightforward.  During her six months’ probation an employee on took a total of seven days off to care for a sick child.  Nothing was said about this to her until the review of her trial period, when she was shown a report which had been prepared 3 months previously, and which mentioned concerns over her attendance.  She was given a week’s notice.

An Employment Tribunal found that she had been unfairly dismissed and should have been allowed a reasonable amount of unpaid time off to deal with emergencies involving a dependant, stating that there is no requirement for one year’s service to bring the claim.  Compensation of £8,700 was awarded.

Under the new Equality Act a case of this kind could be brought under the provisions concerning discrimination by association with a disabled person (the child had asthma).  There is no minimum length of service and no cap on the compensation.