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Original poster

Dismissed for childcare issues

67 replies

JD999 · 14/07/2017 20:44

We have two young children and recently two childminders were unavailable at short notice (illness both times) so wife had to take time off work. At regular meeting manager wanted to dismiss because of latest incident when left work for part of day to collect child. Wife then felt pressurised to resign. Law says entitled to emergency childcare leave.

Advice appreciated. Thanks

OP posts:
KindleBueno · 14/07/2017 20:59

Had any formal proceedings began or was her level of absence just discussed at a supervision?

Upanddownroundandround · 14/07/2017 21:01

Did she resign?

Original poster
JD999 · 14/07/2017 21:19

No formal procedures had started just discussed at supervision although appears that manager, under pressure from boss, came in intending to dismiss. Boss not happy that had to leave work at shorty notice for rest of day because childminder I'll.

OP posts:
Original poster
JD999 · 14/07/2017 21:22

Mentioned resigning in meeting as upset due to lack of support and pressure. Think emphasis was put on her with comment "what do you want to do about it?"

OP posts:
Migraleve · 14/07/2017 21:22

Your thread title is misleading. Your wife was not dismissed.

BikeRunSki · 14/07/2017 21:27

Parents (Fathers too) are entitled to time off to deal with emergencies involving small children time off for dependants.

Has your wife's employer spoken to her about childcare before ?The situation you've described sounds very heavy handed by both the employer and your wife, for the first time it has happened.

McTufty · 14/07/2017 21:28

If this resignation was today then she needs to retract it immediately saying it was in the heat of the moment and she does not wish to resign.

Then let the procedure take its course. Hopefully they won't dismiss her. Section 57A employment rights act gives a right to 'reasonable' time off (unpaid) to deal with an emergency involving a dependent and breakdown in childcare covers it.

LIZS · 14/07/2017 21:28

There is no statutory entitlement to leave for childcare issues. You may be allowed time to make arrangements under the company policy or can take parental leave if children are under 5 with notice. Why was it down to her on both occasions to cover? If she had been employed for less than 2 years she could be dismissed anyway but such absences call her reliability into question.

BikeRunSki · 14/07/2017 21:28

Have you ever taken time off to deal with family/childcare emergencies?

Only1scoop · 14/07/2017 21:36

So she wasn't 'dismissed'
I'm confused

DioneTheDiabolist · 14/07/2017 21:38

Why did your wife have to leave her job both times?

Original poster
JD999 · 14/07/2017 21:44

McTufty, thanks for advice yes should retract resignation. Was made in heat of moment. Proper procedures not followed and seems that resignation was easy get out for them.

OP posts:
Original poster
JD999 · 14/07/2017 21:57

Thanks all so far, will try reply as not sure how to quote original in my reply.

  1. NOT DISMISSED - not technically no, but pushed and very happy to accept resignation when obviously upset.
  1. PREVIOUS CHILDCARE CONVERSATIONS - possibly in terms of time off when child sick etc. but no formal process.

3 NO STATUTORY RIGHT CHILDCARE - I believe there is for emergency issues such as illness. We both try and help when problems not just wife.

  1. TIME OFF FAMILY EMERGENCIES - yes this had happened taking unpaid leave.
  1. WHY HAVE LEAVE JOB BOTH TIMES? - we do not have family nearby, if childminder cannot work at short/No notice one of us needs to take over.

Think that covers points to date,thanks all.

OP posts:
LadyLapsang · 14/07/2017 22:27

Your wife was not dismissed, she resigned. I notice you have not responded regarding how you share (or don't) childcare responsibilities.

KindleBueno · 14/07/2017 22:59

I'm sorry but it sounds like she got pulled up on absence and in response cried and resigned.

You say they didn't follow proper procedures but from what I can make out they dealt with it informally and appropriately.

indigox · 14/07/2017 23:02

She didn't have to resign, why did she?

Loopytiles · 14/07/2017 23:05

Very badly explained OP. Is she an employee? If so, how long has she been with her employer?

notapizzaeater · 14/07/2017 23:09

If she's worked there less than 2 years they could have just sacked her without reason

Original poster
JD999 · 14/07/2017 23:09

I thought I had responded about how we both contribute to childcare. My wife is primary carer, particularly on days off (works part time), but we both do our share and sometimes I have had to arrive/leave work early as result.

OP posts:
BackforGood · 14/07/2017 23:10

I think the fact this has happened twice, recently, and for some reason it is your wife that has left work both times, is not helpful.
The fact you say she has previously taken leave for childcare issues.
Also, as others have said, she wasn't dismissed, and, even if she had been, it is for not doing the job she is contracted to do, not 'for childcare issues'.
So, how many days does she work?
How much time has she taken off?
How many have you taken off?
How has she offered to try to make up time, or indicate she is resolving the issues?

Original poster
JD999 · 14/07/2017 23:14

Wife was under pressure for various reasons, not just childcare, and did get upset during meeting, but they do not have right to state that totally unacceptable to leave work for emergency childcare issue this is legal entitlement.

OP posts:
AgentProvocateur · 14/07/2017 23:15

She and you should be entitled to time off to make other arrangements (typically a half day or a day). This should be shared so that one parent isn't taking all the time off. But your wife wasn't dismissed - she resigned. So she hadn't got a leg to stand on.

gillybeanz · 14/07/2017 23:21

As above and if she has told her employer that you can't take time off for emergency childcare issues, then they'll know it's unlikely to be resolved.
What sort of job is it, how many hours?

Original poster
JD999 · 14/07/2017 23:28

Sorry, agree I did mislabel thread, meant to add question mark. Yes been employed less than 2 years, but still have childcare rights.

OP posts:
BeefyCakes · 14/07/2017 23:32

How long has she been there?