Lockdown 3.0 – Work and Caring Responsibilities

In light of the Government’s decision to impose a third national lockdown, we take a look at the problem faced by parents everywhere when schools are shut, and parents cannot work owing to caring responsibilities.

Schools have closed to most pupils until mid-February 2021, with the focus being shifted to remote online learning. Queue the never to be forgotten first national lockdown home schooling dreads.

Lockdown & Caring Responsibilities – Can I ask to be furloughed?

If you find yourself in the position that you cannot work owing to childcare responsibilities, then the Government has confirmed that you are eligible to make a request to be furloughed. That being said, your employer has no obligation to agree to your request and put you on furlough. The decision is therefore down to the discretion of your employer.

Lockdown & Caring Responsibilities – If my employer refuses what can I do?

Where furlough is not an option, some employers may let you take other forms of leave to allow you to look after your child or children personally. Examples include taking annual leave or unpaid parental leave.

Other options might include the prospect of part time working or a change to your usual working pattern to accommodate childcare.

Our best advice is to speak to your employer and seek their agreement to any of the options mentioned above.

If your employer appears to be treating other requests more favourably than yours, you can question this and where appropriate, raise a grievance.

If agreement cannot be reached, what other options might be open to me?

If you are a key worker, your child’s school may offer provision to allow attendance by virtue of your key worker status. Any arrangements to this effect will need to be raised with your child’s school directly.

At the moment, Early Years settings are also allowed to remain open and may offer assistance with childcare.

If you feel that your employer is treating you unfairly or you are in need of some advice about your options, please contact Emma Spandrzyk in our employment team. Emma can be contacted on: e.spandrzyk@timms-law.com or on 01530 564498.

Emma Spandrzyk
January 2021