Between the Lines: Pet death case shows need for clear compassionate leave policies

A Glasgow woman who claimed she had been fired after calling into work sick with grief following the death of her dog hit the headlines this summer. Her story shows the limits of the law when it comes to time off for bereavement and the importance of establishing a clear policy on compassionate leave to avoid disputes.

Without any statutory obligations, compassionate leave is currently entirely at employers discretion, says Bowie. Picture: Contributed

The incident concerns 18-year-old Emma McNulty, who was left feeling “devastated” and “physically sick” following the death of her terrier, Millie. After letting her manager know that she was too grief-stricken to work on the day Millie died, Emma was told to find cover or risk dismissal. Unable to source a replacement, she claims her employment was terminated. Currently, there is no statutory bereavement leave in UK law, with only limited and vague legislation around the issue.

Section 57(A) of the Employment Rights Act 1996 does give employees a “day one” right to have “reasonable” time off work to deal with an emergency relating to a dependent, such as a spouse, partner, child or grandchild.

But the legislation doesn’t mention animals, or stipulate how long an employee should be entitled to grieve for a loved one – a dependent or otherwise. It only states the time necessary to put certain measures in place, such as organising a funeral, should be given. Employers don’t have to pay employees for the time they are given off work.

Despite this, many employers offer some form of bereavement leave. However, without any statutory obligations, the length of time and details of pay is offered are entirely at employers’ discretion. Whatever the provisions on offer, it is advisable that they are clearly outlined within a compassionate leave policy to ensure that employees fully understand the options available. Companies should consider offering staff training to support wellbeing in distressing situations.

Businesses must also ensure that they don’t treat some employees less favourably than others. The Equality Act 2010 sets out nine protected characteristics – including religion or belief and age – that cannot be discriminated against. Care must be taken in these cases to allow for equal treatment, and clearly outlining procedures within a policy can help.

Protection is there for employees who may be experiencing mental health difficulties – such as anxiety or depression - as a consequence of bereavement. In some cases, these conditions could be considered a disability, and employers may have to make reasonable adjustments in terms of leave to accommodate this.

Emma has started a petition calling for compassionate leave following the loss of a pet. Despite its likely popularity, there is little chance of such change in the absence of a specific law covering the loss of a relative. In the current legal environment, compassion is in businesses’ hands.

- Carolyn Bowie, trainee solicitor at Weightmans LLP