Employers should ensure that their timekeeping or absence policies are not inconsistent with statutory rights to time off, and that managers operating the policies are aware of these rights.
An employee exercised his right to unpaid time off to arrange emergency childcare, arriving at work 30 minutes late. The employer sought to apply its lateness policy requiring employees to sign a 'late form' agreeing to the deduction of an hour's pay. It then made the deduction despite the employee refusing to sign the form.
An ET ruled that this amounted to unlawful detriment, and that the employee's dismissal for refusing to sign the form was "connected with" his exercising his statutory right and therefore unlawful. The employer's 'late form' should have clearly set out the different position where lateness was due to exercising statutory rights. (Clarke v Credit Resource Solutions, ET)
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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