Employment Rights Act 1996, section 57A

Time off for dependants

Part VI Time off work

(1)An employee is entitled to be permitted by his employer to take a reasonable amount of time off during the employee’s working hours in order to take action which is necessary—

(a)to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted,

(b)to make arrangements for the provision of care for a dependant who is ill or injured,

(c)in consequence of the death of a dependant,

(d)because of the unexpected disruption or termination of arrangements for the care of a dependant, or

(e)to deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him.

(2)Subsection (1) does not apply unless the employee—

(a)tells his employer the reason for his absence as soon as reasonably practicable, and

(b)except where paragraph (a) cannot be complied with until after the employee has returned to work, tells his employer for how long he expects to be absent.

(3) Subject to subsections (4) and (5), for the purposes of this section “dependant” means, in relation to an employee—

(a)a spouse [F396 or civil partnerF396] ,

(b)a child,

(c)a parent,

(d)a person who lives in the same household as the employee, otherwise than by reason of being his employee, tenant, lodger or boarder.

(4) For the purposes of subsection (1)(a) or (b) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee—

(a)for assistance on an occasion when the person falls ill or is injured or assaulted, or

(b)to make arrangements for the provision of care in the event of illness or injury.

(5) For the purposes of subsection (1)(d) “dependant” includes, in addition to the persons mentioned in subsection (3), any person who reasonably relies on the employee to make arrangements for the provision of care.

(6)A reference in this section to illness or injury includes a reference to mental illness or injury.

Definitions used in section 57A 3

employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
action

“act” and “action” each includes omission and references to doing an act or taking action shall be construed accordingly,

Defined in s.235(1) · see it in the full Act

Cases considering section 57A 4

Amanuel Ghebrehiwt v Wilson James Ltd

[2025] EAT 50 · 12 February 2025

The court treated as unchallenged the Tribunal’s conclusion that section 57A did not entitle the claimant to take a prolonged absence without authorisation in order personally to care for his mother. That conclusion supported the objective finding of gross misconduct for wrongful-dismissal purposes (see paras [20]; [56]-[60]).

The No 8 Partnership v Maxine Simmons

[2023] EAT 140 · 8 November 2023Defines

Section 57A(1)(a) was identified as one circumstance in which an employee may take a reasonable amount of time off to assist a dependant. It formed part of the statutory context but did not determine the appeal. (see para [31]) Section 57A(1)(b) permits reasonable time off to make arrangements for care of an ill or injured dependant. The EAT treated the Tribunal’s finding that the respondent had misinterpreted the provision as insufficient to establish that its refusal was because of disability. (see paras [31]; [53]-[54]; [63])

A FIELD v STEVE PYE AND CO (KL) LIMITED & Ors

[2022] EAT 68 · 5 May 2022

The tribunal was entitled to find that the respondents did not know the claimant had taken time off to care for her grandchild. The dismissal of the dependant-leave detriment claim therefore disclosed no error of law (see paras [59]-[62]).

What each judgment says about section 57A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F395Ss. 57A, 57B and heading inserted (15.12.1999) by 1999 c. 26, s. 8, Sch. 4 Pt. II; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II
  2. F396Words in s. 57A(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 151; S.I. 2005/3175, art. 2(2) (Subject to art. 2(3)-(5))