Single father unfairly dismissed after taking unpaid childcare leave

A security guard and single father has been awarded more than £8,000 after an employment tribunal found he was unfairly dismissed while taking an agreed period of unpaid leave to deal with childcare difficulties.

The employee had worked for G4S Secure Solutions (UK) for more than nine years. His childcare arrangements broke down in March 2024, leading him to take his son to work for a shift without informing the company or its client.

Following an investigation into a potential security breach, the client asked for him to be removed from the site. G4S offered alternative roles, but he declined them because their locations were incompatible with his childcare responsibilities.

The employee subsequently requested unpaid leave while he arranged suitable childcare and looked for work closer to Portsmouth. The tribunal found that G4S agreed to this arrangement, with the understanding that he would make contact when he was able to return.

However, after around 10 months without contact between the employee and his manager, G4S internally recorded him as having resigned because of family circumstances. He had not submitted a resignation and was not told that the company had classified him as a leaver.

He only discovered what had happened in February 2025 when he contacted G4S about returning to work after learning of a suitable vacancy.

The tribunal concluded that he was dismissed when he was informed that G4S had already treated him as having left the business.

Although it accepted that the manager had not acted maliciously, the tribunal found the company should have contacted the employee to establish his intentions before ending his employment. The agreed position had been that he was on unpaid leave, and his lengthy absence did not provide sufficient grounds to conclude that he had abandoned his job.

The tribunal was also critical of G4S’s lack of procedure. The employee was not warned that his employment was at risk, invited to a disciplinary meeting or offered an opportunity to appeal the decision.

It concluded that a fair process would have resulted in his employment continuing.

The employee was nevertheless found partly responsible because he had failed to contact his manager for several months. His compensation was reduced by 35 per cent for contributory conduct, although the tribunal found G4S carried greater responsibility because it was the party seeking to bring the employment relationship to an end.

A further 25% uplift was applied because G4S failed to comply with the Acas code.

The employee received a total award of £8,320, comprising £5,834 as a basic award, £2,161 for lost earnings and £325 for loss of statutory rights.

Should you have any questions relating to this subject contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.