RMT member and conductor Chris Rodway won his original case at an employment tribunal after being disciplined by Southern Trains in July 2003. He had taken a day off to look after his son so that the child?s mother could visit her disabled sister. Two days before he was due to take the leave, the company responded negatively to his written request for the time off. He took the day off and was handed a written warning and had a day?s pay deducted.

An employment ruled in his favour, noting that EU law intended to allow for 'better organisation of working hours and greater flexibility' and the 'reconciliation of work and family life.' However, Southern appealed and the ruling was overturned by the Employment Appeals Tribunal, which decided that the minimum period of parental leave was one week. This ruling was upheld by the Court of Appeal.

RMT general secretary Bob Crow commented: 'What is the point of only allowing parental leave to be taken in minimum blocks of a week, especially when it is unpaid anyway?' He added: 'This ruling is an injustice for our members - but inflexibility like this can?t be good for employers either. How can our members strike a work-life balance if responsible parents are deterred from applying for parental leave?'