Help for Carers > Education, training and employment > Staying in employment > Employment Relations Act 1999

Employment Relations Act 1999

Here is a summary of your rights as a carer staying in employment from the 1999 Employment Relations Act

Right to time off for dependants
The Act gives all employees a right to take a reasonable time off to attend to emergency situations or unforeseen circumstances involving dependants. Unfortunately the right does not include a statutory right to pay. That is left to the employer's discretion

Who counts as a dependant?
A dependant could be any member of your family or friend or partner who lives in the same household, or somebody that lived in a different household but who reasonably relied upon you for assistance in cases of illness or injury, or where care arrangements broke down. Household members who are employees, tenants, lodgers or boarders are excluded.

How much time is allowed off?
There is no set limit to the time off you can take. The Act refers to a 'reasonable amount of time' which in many cases will be one or two days. The leave should be enough for you to cope with a crisis, to deal with the immediate care of a person or to make longer term arrangements for their care. It does not mean that you are able to take two weeks off to look after a dependent who is unwell.

How much notice needs to be given to an employer?
You need to tell your employer as soon as possible about your absence, the reason for it and when you expect to return to work.

What if the request is refused?
If you think your employer has unreasonably refused you time off, or you have felt victimised for taking it you can take a complaint to an employment tribunal against your employer. Complaints must normally be made within three months of the date when the time off was refused or the victimisation took place. You should seek specialist employment advice to support you in this process.
The Citizen's Advice Bureau

What happens if I need to take a longer time off or know in advance that the problem is going to arise?
Rights under the Act are intended to cover unforeseen circumstances. If you know in advance that you are going to need time off you may be able to arrange with you employer to take time off as part of your annual leave entitlement.

You can get more information from:

Employment Relations Act 1999 - as published by Her Majesty's Stationery Office (HMSO)

The Citizen's Advice Bureau

There are people who can help:

The Citizen's Advice Bureau

West Sussex Carers Network