Individual Employment Law Coursework Example | Topics and Well Written Essays - 1250 words

Individual Employment Law - Coursework ExampleEmployees have a right to a time off when making provision of c ar for dependants who are ill. The application of the right for a time off demands that the employee notify his or her employer the requirement for his or her emergency time off, as quickly as it is sensibly practicable. Employees are supposed to cite the need for the block and possibly the expected duration of the leave. Except on the employers absolute discretion, employees lack entitlement to pay in the upshot of a time off. The emergency is not applicable to events where employees are expectant of time off, as the events cannot be classified as emergencies. In such circumstances, the employee should return key time off as an annual leave (Selwyn 2006, p. 451). Case Study In the case Royal Bank of Scotland V Harrison, Mrs. Harrison was abruptly informed by the child minder of termination of services. Mrs. Harrison was unsuccessful in finding an alternative arrangement thus, she had to subscribe to leave to occupy for her children herself. However, she faced disciplinary action and issued with a verbal warning for her unauthorized absence. Mrs. Harrison made a complaint to the employment tribunal for being subjected to detriment as a consequence for taking a day off. The tribunal ruled in her favour and the Royal Bank of Scotland unsuccessfully appealed with claims that the leave was not unexpected hence, it could not be protected by the legislation. The tribunal ruled that employees should be protected from any detriment, especially in circumstances where they take a time off in accordance with the statutory right (Collins 2010, p.94). Time off is not applicable to situations in which employees need extensive time off to look after the dependants themselves. Should Bruce be subjected to a disciplinary hearing? The Employment Rights typify 1996 47C stipulates that any employee should not suffer detriment by any act, or any intentional failure by the employer for ordained reasons. It will also be unjust to dismiss an employee on the basis of taking a time off. The employment law avails guidance to emergency leave for dependants as well as grievance procedures (Kidner 2006, p. 313). Is Bruce Entitled to take Leave in an Emergency? Bruce satisfies the conditions set out in the Employment Rights Act 57A and 57B and has an entitlement to take a time off to take his wife to the hospital, which is in essence a family emergency (Morris, McKay & Oates 2009, p.653). Bruce has a statutory right to take an emergency recreational time off in order to care for his wife. The right is applicable out of necessity where there is an unforeseen disruption or termination of arrangements for care of a Dependant. As an employee, Bruce has every right to take a leave for such purposes as prescribe (illness of his wife). The time off that Bruce took is not inconsistent with the Act and thus should not be subjected to detriment. The time off can not be described as unauthorized time because Mary is a dependant and relies on Bruce when ill. Secondly, Bruce had already made arrangements for the provision of care to his wife in the occasion that she fell ill he did this by inviting his mother to take his wife to the outpatient centre. Thirdly, Bruce had informed the transmission line manager in a reasonable time of the intended time off, besides the fact that he was responding to deal with a crisis. Bruce