In Clarke v Credit Resource Solutions a tribunal held that an employee was subjected to a detriment and unfairly dismissed for exercising the right to take time off to care for dependants. The employee had been dismissed for refusing to sign a form consenting to an ‘unfair’ deduction from his pay and that this had been connected with his having taken time off to arrange emergency childcare.
Mr Clarke and his wife worked for CRS. His mother-in-law looked after their children while they were at work, but when she fell ill, Mr Clarke dropped his wife at work and she told his manager he would be in as soon as he had found alternative childcare arrangements. He arrived for work half an hour late and refused to sign a ‘late form’ authorising one hour’s deduction from his pay. However, the deduction was made. He was then dismissed for repeatedly refusing to sign the late form and becoming agitated with the payroll department.
The tribunal upheld Mr Clarke’s claims that was subjected to a detriment and unfairly dismissed for exercising the right to take time off to care for dependants. Mr Clarke had taken time off work solely to arrange emergency childcare and his being half an hour late had been reasonable. He had an hour’s pay deducted when absent for just 30 minutes.
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