It’s difficult to run a business and try to make sure your staff are happy all the time. What do you do if you need staff to work but they have childcare needs?
A recent case highlights what businesses need to consider.
The case of J Keating against WH Smith Retail Holdings related to a woman who had difficulty arranging cover for her daughter on Saturdays. Ms Keating was the sole carer for her daughter and could not afford childcare and did not have any support to help her.
Her manager asked her to bring her daughter to work. The manager said that he had no option but to ask her to work as there was a reduction in staff numbers, particularly because student staff members had gone home for the holidays.
It was clear that the Claimant had struggled with childcare, particularly as he had asked her to bring her daughter to work. The Tribunal found that there was little to no attempt to look at alternatives, for example, to recruit purely weekend staff or to offer further hours to other staff.
The Claimant resigned and claimed constructive unfair dismissal and was successful.
This is a message to businesses to tread carefully when considering staff who have caring responsibilities, whether that’s children or family members. You have to show that you have considered all the possible options before making a decision.
The above also applies for staff who have caring responsibilities for sick or disabled family members.
If you need any advice on anything you have read, then please don’t hesitate to get in touch.
