Waiting RoomEllis v Ratcliff Palfinger Ltd.

Employees can be dismissed in connection with the right to take time off for dependants and will only be protected and able to claim that their dismissal was automatically unfair where they explain the reason for their absence as soon as reasonably practicable.

In this case of Ellis v Ratcliff Palfinger Ltd the male employee failed to call his employer for some time from hospital where his wife had been admitted to give birth.

It was found that his dismissal was not automatically unfair.

Fitzhugh Gates Solicitors Comment

The employer must still respond reasonably.

An employee will still be able to claim ordinary (as opposed to automatic) unfair dismissal (if they have two years’ service), and the tribunal will then consider the reason for dismissal and whether it was fair in all the circumstances.

Julian Cioffi - Managing Partner


Important guidance on articles published by Fitzhugh Gates Solicitors

All articles published through this website contain only general advice and are not intended as professional counsel and should not be used as such.

If you require specific advice with respect to any particular issue or problem highlighted by this article or any other matter, then please contact Fitzhugh Gates, the Solicitors for Brighton and Hove and Shoreham-by-Sea. 


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