Dismissed for childcare issues

[JD999]

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

Can you clarify how twice in 6 weeks you've been let down by 2 different CMers? Did you leave one and start with another? Only, I've used CMers for many years (different ones for various reasons) and I think, as a cohort, they are the people least likely to have time off out of everyone. It seems extraordinarily unlucky to have to find emergency childcare part way through the day, twice in 6 weeks.

The OP seems to be getting a hard time here. In at least two previous posts he has mentioned that he has stepped in to help out as well.

With regards to the emergency time off for childcare, it is worded as a "reasonable" amount of time. This is open to interpretation by employers. I think it likely that a tribunal would consider 1 day reasonable time - even if you use an emergency nanny service or similar these cannot usually be arranged in the middle of the day. If you were talking 3 days, this might be considered unreasonable.

However, as regards the resignation, I don't know where your wife can go with that, unless you are thinking constructive dismissal?

insancerre there is statutory right to emergency leave to care for dependants as detailed in the gov.uk link someone posted above. It is open to interpretation depending on the situation

I very much doubt that this would qualify as constructive dismissal, not an avenue worth pursuing IMO. It's understandable that wife is upset but maybe best to look on it as opportunity to seek a different job and make more reliable childcare arrangements.

Sorry, meant to say the reasonable length of time is open to interpretation - doesn't necessarily mean half a day.

Grace, yes, I know, I did mention that in my post
My employer says half a day is reasonable

She should try to retract her resignation. She was not dismissed.

You and your wife have my sympathy OP. It is so difficult with childcare issues sometimes. I have been informally spoken to about my attendance before. TBH I am starting to think that work and small children are incompatible unless you have a super flexible job or have informal childcare easily available.

Not sure there is much she can do . Can she try to retract her resignation and say it was in the heat of the moment as PP have said? Worth a go even if they say no. Is she in a union? Is there a supportive HR (but they will be on the company's side, not hers)? Honestly though the fact that her work are probably in the right just illustrates how hard it can be for workers with caring responsibilities .

Thanks for all feedback, wife is planning on sticking with resignation as was thinking of leaving anyway as minimum wage job and was only stepping stone back into employment.

We had very bad luck with childcare and, for those that asked reasons for childcare being unavailable were illness in family (long term childcarer's) which meant had to stop childcare with only two days notice. Know technically tm we had notice but not much. Second was suspected miscarriage with different childcarer.

I have taken as much of share of childcare as possible, including leaving work on short notice (hour) to pick up daughter as childcarer ( who very good) having migraine. We have just had run of bad luck without benefit of family support network to step in at minutes notice. Friends can help out, but many work too. We take time and care choosing child care and always wish to have trial to ensure children are happy.

You have been very unlucky with childcare - I've never had a cm sick in four years. They are normally made of stern stuff!

Xpost

Hi,

We get time off (unpaid) if there is an emergency breakdown in childcare. I haven't had to use it but a few of my colleagues have. Crazy that your wife has had to resign over it.

crocodilesoup

The childminder had had a miscarriage, was she supposed just ignore that then and carry on regardless?

Apologies.. Suspected miscarriage,
However I've had both, emotionally and in my case physically painful.

...well that would be why I typed "x post" as the OP revealed that information while I was typing my own post.
But thanks anyway, I know plenty about mcs unfortunately.

Sorry sparking that seemed unnecessarily harsh - bit miffed at assumption I was without understanding!