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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74428
Experience:  Qualified Solicitor
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My daughter is a single parent of 3 primary aged girls, she

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Hi my daughter is a single parent of 3 primary aged girls, she works at the local garage/ spar stacking shelves and cleaning. Her boss has told her she has to go back to work but she’s got no child care for obvious reasons and the girls are in years which can’t go back yet; can her work sack her if she doesn’t go back? Thank you
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: No termination discussed yet but she’s scared they will sack her if she says no. Does she have to go back as as yet she’s being furloughed
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just if she has t go back, legally .

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long has she worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 1 year ago.
About a year
Customer: replied 1 year ago.
I don’t want a bill for £44 so no thank you, ***** ***** ok
Customer: replied 1 year ago.
All we want to know is if legally she has to go back
Customer: replied 1 year ago.
Please acknowledge you have my question

yes, did you see my initial post about delays?

Customer: replied 1 year ago.
thank you. I was just expecting a “I’ll get back to you” response, the screen was flicking and I wasn’t sure if you’d received messages. Thank you

No worries, thanks. The current situation is creating a lot of difficulties for many people across the country as it is unprecedented to have to look after your children at home, whilst not being able to rely on any outside help, whilst also working at the same time.

However, the law has not changed in terms of her options and these remain as follows:

· Dependency leave – this is only for emergencies and she could have likely used it to start with but once it has become apparent that this will be happening on an ongoing basis, it will no longer be classified as an emergency

· Parental leave – she gets 4 weeks of unpaid leave per year per child that she can take, although she needs to give at least 21 days notice. If the employer cannot accommodate her chosen dates they must offer her an alternative. Even if she takes one day off a week it will still count as a whole week off her entitlement

· Holidays – to be applied for in the normal way

· Unpaid leave, if approved by her employer

· As a final resort, she can just take the time off unauthorised but that risks disciplinary action so only do it if absolutely necessary and she has no other option.

The employer also has the option of using the Government’s Coronavirus Job Retention Scheme and furlough her, claiming for part of her wages from the State, but that is entirely up to them and she cannot force them to do it, even if they could.

Does this answer your query?

Customer: replied 1 year ago.
thank you.
Stay safe

You too. All the best

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