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Employment Law - Essay Example

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In the paper “Employment law” the author analyzes the right to unpaid time off for dependants detailed in the Employment Rights Act 1996. The Act stipulates that all employees (irrespective if their span of service) are entitled to take a “reasonable” amount of unpaid time off work. …
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Employment Law
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Download file to see previous pages In this case, Bruce takes emergency time off, but his employer thinks that the time offs are not genuine. Owing to the characteristics of the provision and the fact that the categorization of the leave as unpaid, there is no limit as to the occasions when the employee can exercise the right (Gennard & Judge 2005, p.296). Besides, Bruce has taken a “reasonable” time off as the circumstances demonstrate. Bruce was responding to an immediate crisis and had fully informed the line manager of the emergency at hand. Royal Mail did not have a right to subject Bruce to disciplinary procedures or the written warning as Bruce did not abuse the statutory provision. The line manager had ascertained the precise reasons for Bruce taking the emergency leave and was aware of the length of the leave. There was no uncertainty on either party regarding the emergency time off; hence the disciplinary procedures taken against Bruce are unwarranted. In cases of subjection to a detriment owing to a request for emergency time off, the employee has a right to complain to an employment tribunal (Booty 2009, p.123). The refusal for Emergency leave or unreasonable victimization for taking the leave goes against the spirit of the Employment Rights Act. To remedy the situation, Bruce should discuss the issue with his line manager (as appropriate), and explore as to whether the matter can be resolved, probably through the grievance procedure. In the event that the employee fails to resolve the matter, Bruce should present a complaint to the employment tribunal as his employer has refused to comply fully with section 57A. By subjecting Bruce to disciplinary procedures, Royal Mail demonstrates unreasonable refusal to allow Bruce to take time...
In this case, Bruce takes emergency time off, but his employer thinks that the time offs are not genuine. Owing to the characteristics of the provision and the fact that the categorization of the leave as unpaid, there is no limit as to the occasions when the employee can exercise the right (Gennard & Judge 2005, p.296). Besides, Bruce has taken a “reasonable” time off as the circumstances demonstrate. Bruce was responding to an immediate crisis and had fully informed the line manager of the emergency at hand. Royal Mail did not have a right to subject Bruce to disciplinary procedures or the written warning as Bruce did not abuse the statutory provision. The line manager had ascertained the precise reasons for Bruce taking the emergency leave and was aware of the length of the leave. There was no uncertainty on either party regarding the emergency time off; hence the disciplinary procedures taken against Bruce are unwarranted.
In cases of subjection to a detriment owing to a request for emergency time off, the employee has a right to complain to an employment tribunal (Booty 2009, p.123). The refusal for Emergency leave or unreasonable victimization for taking the leave goes against the spirit of the Employment Rights Act.
To remedy the situation, Bruce should discuss the issue with his line manager (as appropriate), and explore as to whether the matter can be resolved, probably through the grievance procedure. In the event that the employee fails to resolve the matter, Bruce should present a complaint to the employment tribunal as his employer has refused to comply fully with section 57A. By subjecting Bruce to disciplinary procedures, Royal Mail demonstrates unreasonable refusal to allow Bruce to take time off as stipulated by section 57A. Bruce should present a complaint to the tribunal in the period before the end of three months beginning with the date when the subjection to disciplinary procedures started. To this effect, the tribunal may rule the matter to be well founded or not, and subsequently make redress. If the tribunal rules in employees favour, Bruce may be compensated for the illegitimate disciplinary action.
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