# Can I take my boss to a tribunal for blocking my carer's leave?

- Jurisdiction: United Kingdom
- Practice area: Small Claims Law
- Published: 2026-11-01
- Last updated: 2026-11-01
- Canonical: https://lawasked.com/uk/small-claims/can-i-take-my-boss-tribunal-blocking-my

## Question

I live in England and have been working for a local retail firm for three years. My elderly mother's health has declined recently, so I requested two weeks of carer's leave starting on the 1st of October to help her settle into a new care programme. My manager, Sarah, told me on the 15th of September that I couldn't take those specific dates because we are short-staffed due to the autumn rush, and she suggested I push it back to December instead. I explained that my mother's needs are urgent, but she insisted it was impossible for me to be away then. I have already tried speaking to our HR department to explain that this delay is causing me massive stress and making it difficult to manage my mother's medical appointments, but they just backed her up. Because of this, I've had to pay £450 for private home help to cover the gaps, which is a huge blow to my monthly pay cheque. I am now wondering if I can actually make a formal complaint about her preventing me from taking the leave I am entitled to, and if I can get my money back for those extra costs. Is it too late to do anything about it since the disagreement happened last month?

## Summary

Yes, you can take your employer to an employment tribunal. You have the right to complain if your employer has prevented you from taking carer's leave or unreasonably postponed it.

## Analysis

Under the Employment Rights Act 1996, you have specific protections regarding carer's leave. Because Sarah told you that you could not take your requested leave due to being short-staffed, you may have grounds for a legal complaint. 

An employee may complain to an employment tribunal that their employer "has prevented or attempted to prevent the employee from taking carer’s leave" [1]. This means if your manager's refusal stopped you from fulfilling your care duties, the law allows you to seek a remedy. Additionally, the law covers situations where an employer "has unreasonably postponed a period of carer’s leave" [1]. 

If the tribunal finds your employer was in the wrong, they can issue a formal statement known as a "declaration" [1]. A declaration is an official legal finding by the court that your rights were violated. Furthermore, the tribunal "may award compensation to be paid by the employer to the employee" [1]. This compensation is intended to cover your losses. In your case, this could potentially include the £450 you spent on private home help, as the law allows for compensation regarding "any consequential loss sustained by the employee" [1]. 

It is not too late to act. You generally have a deadline of six months from the date the issue occurred to bring your claim [1]. Since your disagreement happened in September, you are still well within this timeframe. However, whether the refusal was "unreasonable" is a matter for the tribunal to decide based on the specific facts of your retail firm's staffing needs versus your mother's urgent medical requirements.

## Statutory citations

- Employment Rights Act 1996, Section 80N - Complaint to employment tribunal [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/80N)
  > An employee may complain to an employment tribunal that their employer— a has unreasonably postponed a period of carer’s leave, or b has prevented or attempted to prevent the employee from taking carer’s leave.
- Employment Rights Act 1996, Section 80N - Complaint to employment tribunal [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/80N)
  > The tribunal... may award compensation to be paid by the employer to the employee... including... any consequential loss sustained by the employee.

---
General information only, not legal advice. See https://lawasked.com/disclaimer