Employment Rights

We know that sometimes giving up work to care for a loved one just isn’t practical but your head may just spin from all the unanswered questions…

We take a look at answering some of those questions for you

Following a loved one being diagnosed with Dementia, depending on the stage of diagnosis and the support available from others around you, giving up work may not be a luxury that you can afford.

So, we take a look at some of the questions that may be troubling you and if you can’t find the answer here…

GIVE US A CALL OR DROP US AN EMAIL!

This is generic advice and we are always happy to have a chat with you, looking at your particular circumstances!

This would be dealt with by making a Flexible Working Request to your Employer, you can request a change in working hours, the times worked, or even the place of work. Please bear in mind that only one Flexible Working Request can be made in each twelve-month period.

Your Employer must deal with your Flexible Working Request within three months of receipt and it must be seriously considered, although this does not necessarily mean that it will be accepted, especially if your Employer can demonstrate a good business reason for refusing the request.

If you feel as though you are being treated differently by your Employer or other members of staff then we would always recommend keeping a diary or events and feelings as well as any physical evidence or information (emails etc.).

In some circumstances you may feel discriminated against because of your association with someone with a disability. You are protected in such circumstances and it is important to seek legal advice for your particular situation.

This will depend on the time taken, whether it was planned, any policies that your Employer has in place or any agreement that you have with your Employer.

If there is no contractual entitlement to paid leave, and you have no such agreement with your Employer, then ‘Time off for Dependants’ is unpaid.

You may choose to take some time off as ‘Holiday’ and if so, this will be remunerated in the usual way.

This would also be dealt with by making a Flexible Working Request to your Employer.

Remember that you can only make one Flexible Working Request in each twelve-month period  and your Employer has three months to deal with your Flexible Working Request. 

If there is an emergency situation and you are unable to go into work, or need to leave work immediately, then this may be covered by your Statutory Right to ‘Time Off for Dependants’.

There is no set amount of time off allowed to deal with an emergency situation with dependants and so this should be agreed between you and your Employer depending on the situation.

For more information on what is defined an ‘Emergency’ please see the information on ‘Time Off for Dependants’ below.

If you are forced to leave your job then, depending on the circumstances, you may have a claim for Constructive/Unfair Dismissal and/or Discrimination. 

This is an area that will very much depend ion the facts of your specific case and the circumstances surrounding  the termination of your employment.

Of course, if you leave your job through your own decision, you will need to give notice in the usual way and as set out in your Employment Contract.

For more information click on the links below

Why not join our Facebook Group…