Source: All England Reporter
Publisher Citation: [2003] All ER (D) 37 (Jun)
Court: Employment Appeal Tribunal
Judge:

Burton J, Mrs C Baelz and Mr B Beynon

Representation The employers by their representative.
  Catrin Lewis (instructed by Fisher Meredith) for the employee.
Judgment Dates: 11 February 2003

Catchwords

Employment - Unfair dismissal - Employee's right to dependants' leave - Approach to be taken by employment tribunal - s 57A.

The Case

A tribunal, when dealing with s57A of the had to ask itself first when the request was made and refused, and secondly, whether that request was unreasonably refused. If the answer to either of those questions was yes, the employment tribunal then had to progress on to consider s57A(2), namely whether the employer had been told the reason for the absence as soon as reasonably practicable, and except in the provided circumstances, how long the employee expected to be absent.

Practice Areas

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