Statutory rights at work

What are my statutory rights?

These rights are legally mandated in UK employment law. The following rights apply whatever your employment status is and whoever your employer is.

By knowing your rights, you can take action to help you balance your work and care more healthily and productively.

 

Right to emergency leave

All employees have a right to take ‘reasonable time off’ to deal with emergencies and unforeseen events involving a dependant.

A dependant includes a spouse, partner, child, parent, or someone living with you. Others who rely on you for help in an emergency may also qualify.

Whether you will be paid or not is up to your employer. Some employers may have extra supportive practices in place, or you may have extra benefits in your contract.

You must inform your employer as soon as possible after you find out about the emergency.

This right also gives you protection from victimisation and dismissal. Take further advice if you think you have been treated unfavourably because of using this right.

If you need more help, please visit the Advisory, Conciliation and Arbitration Services (ACAS).

ACAS is an independent public body which provides free and impartial advice to employers, employees and their representatives on:

• employment rights
• best practice and policies
• resolving workplace conflict.

 

Top tip

By talking to your employer about your caring role, you can discuss what happens in an emergency and see if they will offer you additional support for emergency situations, including paid leave.

Companies with Carer Passports (it may also be called a reasonable adjustment passport or workplace adjustment) or other carer-friendly policies, such as a carers policy or family-friendly policy, may be able to include this information as part of your agreement with your employer.

 

Right to emergency leave

If you have worked for your employer for over a year and are responsible for a child under 18, you are entitled to 18 weeks of unpaid parental leave to look after your child. You must give 21 days’ notice before you can take parental leave.

 

What is the difference between emergency leave and parental leave as a working parent carer?

In general, the difference is that you use emergency leave when something unexpected happens and parental leave when there is a planned need for you to take a break from work. For many working carers, parental leave is used when their child needs a medical procedure and there is going to be disruption to their support and/or they will need additional support due to the recovery.

 

Right of protection from discrimination

The Equality Act 2010 protects you against direct discrimination or harassment because of your caring
responsibilities. This is due to you being counted as being ‘associated’ with someone with a protected characteristic such as age or disability.

Direct discrimination is where you are treated less favourably than someone else because you are caring for an elderly or disabled person. This can include:
• being refused a job because of your care responsibilities
• not being offered a promotion because of your care responsibilities.

 

The right to request flexible working

If you have been employed with the same company for more than 26 weeks, then you have the right to request changes to your work pattern. The law says you can make a request for flexible working once a year. If you have made a statutory request in the last 12 months, you must wait until 12 months after the date of that request before you can ask again. If you want to ask sooner, you may be able to make a nonstatutory request instead.

Your employer must respond within three months to your request and give evidence as to why they have made their decision to either accept or refuse your request.