Monday, May 13, 2019

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

item-by-item habit Law - Coursework ExampleEmployees have a right to a time saturnine when do provision of care for dependants who are ill. The application of the right for a time kill demands that the employee nonify his or her employer the requirement for his or her emergency time rack up, as quickly as it is reasonably practicable. Employees are sibyllic to cite the sine qua non for the bury and possibly the expected duration of the leave. Except on the employers absolute discretion, employees deprivation entitlement to pay in the event of a time off. The emergency is not applicable to events where employees are enceinte of time off, as the events cannot be classified as emergencies. In such circumstances, the employee should take time off as an annual leave (Selwyn 2006, p. 451). Case Study In the case Royal cuss of Scotland V Harrison, Mrs. Harrison was abruptly informed by the child minder of termination of services. Mrs. Harrison was unsuccessful in finding an al ternate arrangement thus, she had to take leave to care for her children herself. However, she faced disciplinary action and issued with a verbal prototype 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 govern 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 Act 1996 47C stipulates that any employee should not suffer detriment by any act, or any lettered fai lure by the employer for prescribed reasons. It will also be unjust to dismiss an employee on the home of taking a time off. The employment law avails guidance to emergency leave for dependants as easy 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 amount a family emergency (Morris, McKay & Oates 2009, p.653). Bruce has a statutory right to take an emergency unpaid time off in order to care for his wife. The right is applicable out of necessity where there is an unforeseen noise 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 cannot 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 venomous ill he did this by inviting his mother to take his wife to the outpatient centre. Thirdly, Bruce had informed the line manager in a reasonable time of the intended time off, besides the fact that he was responding to deal with a crisis. Bruce

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