If your childcare arrangements fall through or there’s an unexpected childcare emergency that you need to deal with, you might be left asking the question ‘can I be sacked for having no childcare?’
The short answer is no, you cannot be sacked for having a childcare emergency. In fact, you are entitled to emergency time off for dependents to give you time to arrange alternative childcare.
However, if you choose not to find an alternative arrangement, you will need to take parental leave or annual leave to care for your child, until your regular childcare provider can look after your child again.
The most important thing is to keep in touch with your manager and ensure that you keep them updated with the situation. If the problem becomes a regular occurrence and your employer feels that it is impacting your work, they could take disciplinary action against you. However, they should not sack you without first giving you a verbal or written warning.
In this article, we’ll explore the emergency time off entitlement for dependents, what to do if your employer threatens to sack you, and how to appeal a dismissal.
What Is Emergency Time Off For Dependents?
There’s some situations where an emergency occurs and you don’t have anyone to care for your child. For example, they might be sent home from school after falling ill, or your usual childcare provider might have an emergency that means they cannot care for your child.
Emergency time off for dependents is a type of unpaid leave that employees are entitled to take in order to deal with an unexpected dependent care emergency. This could include:
- Collecting a sick child from school
- Dealing with a childcare breakdown
- Making alternative arrangements for childcare
There’s no set time that you’re entitled to, but it should be ‘reasonable’. For example, if your child falls ill at school, you should be allowed enough time off work to seek medical attention if required and arrange alternative childcare. If you want or need to care for your child for longer, you may be asked to take parental leave or annual leave.
There’s no limit to how often you can take time off to care for a dependent, but it should be ‘reasonable’ and you are not legally entitled to be paid for this time. If your employer feels that you are taking too much time off, they may raise this with you. If the problem persists, they may start disciplinary proceedings against you.
Can My Employer Sack Me For Having No Childcare?
If you have a childcare emergency and need to take emergency time off, your employer cannot sack you for this. In fact, they should be accommodating and understanding of the situation.
However, if you regularly have childcare emergencies or your work is suffering as a result, your employer may start disciplinary proceedings against you. This could eventually lead to you being sacked, but they should only do this as a last resort after issuing you with verbal and written warnings.
If you’re ever in doubt, the best thing to do is speak to your manager or HR department. They will be able to advise you on the correct course of action to take.
How Do I Appeal A Dismissal?
If you’ve been dismissed from your job and you believe it was unfair, you have the right to appeal the decision. The first step is to request a copy of your dismissal letter, which will state the reasons for your dismissal.
Once you have this, you should prepare your appeal. This should include any evidence that you have to support your case, as well as an explanation of why you believe the decision was unfair.
Once you’ve submitted your appeal, a hearing will be arranged. This will give you the opportunity to present your case and ask any questions that you have. The decision of the appeal panel will be final, but you can always take your case to an employment tribunal if you believe that you’ve been treated unfairly.
If you’ve been dismissed and you believe that it was unfair, you should contact an employment lawyer to discuss your options. They will be able to advise you on the best course of action to take and represent you at any hearings.
Regular Childcare Issues – What To Do
If you have regular childcare issues, it’s important to speak to your employer about this as soon as possible. They may be able to offer you some flexibility in your working hours or allow you to work from home some days. If this isn’t possible, they may be able to offer you some unpaid leave or annual leave.
If you’re struggling to find childcare, there are some organisations that may be able to help you, such as:
- The National Careers Service
- The Family and Childcare Trust
- Working Families
If you have regular childcare issues and your employer is unable to offer you any flexibility, you may need to consider whether or not you can continue working. If you feel that you’re being treated unfairly, you should speak to a solicitor.
What Is Parental Leave?
Parental leave is a type of leave that you can take when you have a child. You’re entitled to 18 weeks of unpaid leave per child, but you must take this in blocks of one week.
You don’t need to take all of your parental leave at once, but you must take it before your child turns 18.
If you want or need to take more than 18 weeks of parental leave, you may be able to do this by taking annual leave or unpaid leave.
Parental leave is separate to maternity leave and paternity leave. Maternity leave is for mothers who are pregnant or have recently given birth, while paternity leave is for fathers who are about to become fathers or have just become fathers.
How To Apply For Parental Leave
If you want to take parental leave, you must give your employer at least 21 days’ notice. You must also give them the date that you want your leave to start and the date that you plan to return to work.
Your employer may ask you for proof of your child’s birth or adoption, such as a copy of their birth certificate.
What Reasons Can You Take Parental Leave?
You can choose to take parental leave for any reason. These could include:
- To bond with your child
- To care for your child
- To attend appointments relating to your child
- To spend time with your child
- To look at new schools
- To help settle your child into a new childcare setting
- To visit extended family
Do Employers Have To Accommodate Child Care UK?
There is no legal obligation for employers to accommodate childcare in the workplace, but some may choose to do so.
If your employer does not have any formal childcare arrangements in place, you may be able to negotiate something with them. For example, you could ask if you could bring your child into work with you on occasion or if they could offer you some flexibility in your working hours.
Requesting A Flexible Working Arrangement
Every employee in the UK has the right to request flexible working arrangements. For example, you could request to:
- Change your working hours
- Work part time
- Change your working days
- Work from home
- Job share
There are a few criteria that you’ll need to meet in order to make a flexible working request. These include:
- Working for the same employer for at least 26 weeks
- Being legally classed as an employee (rather than a contractor or self-employed)
- Not having made a flexible working request in the last 12 months
If you’re eligible to make a flexible working request, you’ll need to put this in writing to your employer. In your letter, you’ll need to state:
- Which days or hours you want to change
- How these changes would affect your work
- If there are any other employees who would be affected by your request
Your employer must deal with your request in a ‘reasonable manner’. They may choose to grant your request, refuse it or offer you an alternative arrangement.
If your employer refuses your request, they must give you a written explanation for their decision.
If you’re unhappy with your employer’s decision, you may be able to appeal or take further action. For example, if you feel that you’ve been treated unfairly or discriminated against, you could make a formal complaint or raise a grievance.
In Summary
If you’re a working parent, it can be difficult to find childcare that meets your needs. You may need to rely on family members, friends or paid childcare.
However, if you’re unable to find childcare, this doesn’t mean that you can be sacked. If you’re having difficulty finding childcare, you should speak to your employer about this. They may be able to offer you some flexibility in your working hours or days.
If you’re a single parent, you may be entitled to some additional support. For example, you could apply for Working Tax Credit or Child Tax Credit.
You may also be eligible for help with childcare costs through the government’s free childcare scheme. This offers up to 30 hours of free childcare per week for 3 and 4-year-olds, and some 2-year-olds.
In this article, we’ve answered the question ‘can I be sacked for having no childcare?’, as well as looking at some other issues that working parents may face. We hope you found this article helpful.