Individual Employment Law - Coursework Example

Employees have a right to a time off when making provision of care 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 reasonably practicable. Employees are supposed to cite the need for the leave and possibly the expected duration of the leave. Except on the employers’ absolute discretion, employees lack entitlement to pay in the event 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 take 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 take leave to care 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 Act 1996 [47C] stipulates that any employee should not suffer detriment by any act, or any intentional failure by the employer for prescribed 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 unpaid 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 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 fell 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’