Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Time off for dental/doctors appointment. What is the law?

    Can anyone tell me what the Law says about having time off for Dental or Doctors appointments? Does the employer have to allow you time for this?

    Also what about taking a son or daughter for a dentists appointment? Does the employer legally have to allow this without asking for the time to be made up?

    Thanks in advance.



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  2. #2
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    Default Re: Time off for dental/doctors appointment. What is the law?

    It is my understanding that there is no statutory right to have time off to visit the Dr. or Dentist

    With regards to dependants again there is no statutory right for time off with the exception in a failure of normal care arrangements, you are allowed, to take unpaid leave, in order to deal with emergency situations regarding dependants.

    I would say that a routine visit to the Dr or Dentist would not fall under this heading but this is open to interpretation may be dependant upon the reason of the visit.

    I would be interested in sidewinder or Che's thoughts on this.

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  3. #3
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    Default Re: Time off for dental/doctors appointment. What is the law?

    If my memory serves me correct this falls under the
    Work and Families Act 2006.

    This pretty much sums things up Freaky..
    The Laws Surrounding Dependency Leave for Parents - Law And Parents (UK)

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    Default Re: Time off for dental/doctors appointment. What is the law?

    Hi Freaky

    The doc is basically right in order to implement an EU directive the UK Parliament inserted a new s.57A into the ERA 1996 which is often referred to as Time off for Dependents.

    The right however, as the doc rightly states, is limited to 'emergency situations' such as accidents, unexpected disruptions in care etc. It would not extend to pre-booked GP / Dentist appointments as by their definition you had advance notice of these.

    The right could be used by you saying that I had arranged for a childminder to take my child to the GP and 1 hour before or on the day they phoned me and told me that they could not come - this unexpected disruption would probably bring you within the Act, but I don't think this is really what you were asking.

    Parental leave can exist in certain circumstances but this must be taken in minimum blocks of one week - so doesn't really cover your question.

    Finally check any handbook / policies / contract - large companies sometimes have an actual policy re gp appointments etc

    Hope this helps

    Che

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    Default Re: Time off for dental/doctors appointment. What is the law?

    Thanks chaps. All as much as I thought really.
    It's not me but Mrs Freaky who is having a hard time from one of the HR bods in her place.
    I was hoping she could throw something legally binding at her.

    It's a bit of a poor show if she has to feign an emergency for the sake of a 10 minute check up.

    Thanks for all the information.


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    Default Re: Time off for dental/doctors appointment. What is the law?

    Quote Originally Posted by diskmandave View Post
    Not sure about the accuracy of everything in that link DMD, helpful of course though it is.

    For example it states the right is to paid time off.

    Check out some of these links:

    http://www.businesslink.gov.uk/bdotg...0898061&r.s=tl

    ACAS : Acas - Working parents

    AMICUS: Your right to dependant's leave

    They all suggest that the right is unpaid. Perhaps there is another right that they were referring to in the law and parents link?

    I'm happy to stand corrected, but I am not aware of any statutory right to dependent leave that would be paid.

    Kind regards

    Che

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    Default Re: Time off for dental/doctors appointment. What is the law?

    Think it's discretionary at the moment.

    I worked in the public sector for a while and we were encouraged to make our appointments at the beginning or end of the working day. We did have our time made up to equate to the full day though....although this didn't equate to much in practice as I was working far in excess of the standard day anyway.

    The ironic part was one day when I woke up with an eye infection. I got an emergency Optician's appointment to check it out thoroughly as I wear contact lenses. I then went to my GP's and picked up a prescription for antibiotic drops before going to work. Think it took less than 45 mins in total.

    However, my request for my time to be made up for the Opticians appointment was refused as it was against the Employer's Policy!

    So, I should have stayed at home for a further 30 minutes waiting for my GP's surgery to open...then made an emergency appointment for after morning surgery...and then I would have been lucky to have got into work by lunch time. BUT I would have had the morning credited!! And they wonder why the country's in such a mess!!!

    Back to post...has Mrs Freaky offered to make the time up??

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    Default Re: Time off for dental/doctors appointment. What is the law?

    Just found this at CAB...


    Time off to visit the doctor or dentist
    Your employer may allow you time off work to visit the doctor or dentist but they are not legally required to do so unless your contract of employment says they are. Your employer can, for example, insist that you make these visits outside work hours, that you take holidayicon leave or that you make the time up later on. You should check your contract of employment to see what rights you have to take time off for doctors or dental appointments.
    Pregnant women, however, are allowed reasonable paid time off work for ante-natal care. This time does not need to be made up later on.
    If you are disabled and your employer will not let you take time off for a medical appointment connected with your disability, they could be breaking the law.
    http://www.adviceguide.org.uk/index/e_time_off_work.pdf

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    Default Re: Time off for dental/doctors appointment. What is the law?

    I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

    There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.

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    Default Re: Time off for dental/doctors appointment. What is the law?

    Quote Originally Posted by flyingdoc View Post
    I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

    There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.
    Don't disagree as there are always some who will abuse the system....and still do.

    However, a little flexibility goes a long way with the work force, especially if parents of young children. In my case, my GP's surgery doesn't start until 9.30am and is closed on Saturdays. For a pm appointment you have to have your phone contantly on re-dial at 9am (which isn't always practical) and the appointments are all gone by 10 past!!

    It all depends on your companies policies and procedures but I don't think it's unreasonable for staff to make the time up.

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  11. #11
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    Default Re: Time off for dental/doctors appointment. What is the law?

    Give and take is the key - flexibility is fine as long as its a two way street. Sadly there are some employees who see give and take as employer gives and employees take. (having been an employee I have worked for companies that are the exact opposite)

    Certainly we do take pains to accommodate reasonable requests from our guys - and in the main they do return the compliment.

    Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

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