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Expect the unexpected: time off for disruption of care arrangements
© Workplace Law Group 2008 All rights reserved Expect the unexpected: time off for disruption of care arrangements Expect the unexpected: time off for disruption of care arrangements This week's update highlights the Employment Appeal Tribunal's (EAT) decision in Royal Bank of Scotland Plc v. Harrison (2008). This is the first occasion when the EAT has considered the issue of the disruption of arrangements for...
News analysis | 21 Oct 2008
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Time off for Dependents: Qua -v- John Ford Morrison Solicitors
...yment Rights Act 1996. This assists in clarifying the extent of the right - the absence of which, until now, has left employers guessing. In a move that should offer some relief to employers, the EAT has confirmed that the right is to take a reasonable amount of time to deal with a variety of "unexpected or sudden events affecting...dependants" and is "... in order to take action which is necessary. In determining whether action is necessary factors to be taken into account will include, for example, the nature of the incident which has occurred, the closeness of the relationship between the empl...
Case | 30 May 2003
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Extension of right to time off when care arrangements are disrupted
... substitute childminder. The bank told her she could not have the time off and, when she took the day off, she was given a warning. The Tribunal found that the warning was an unlawful detriment. She relied upon the right to take reasonable time off to take action which is necessary because of the unexpected disruption of arrangements for the care of a dependent. The bank argued that such disruption to care must be sudden and unexpected and that the law was never intended to cover a breakdown in care arrangements which the employee knew about that far ahead. The EAT has rejected this argument and sai...
Case | 6 Oct 2008
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A month off for emergency leave is too long, says EAT
...ate O’Toole when his domestic situation improved. This led to a conflict between O’Toole and Wyeth as to whether O’Toole had resigned or had been dismissed, which in turn led to the Tribunal. The Tribunal found that O’Toole’s request for time off fell within the ERA because of the “unexpected disruption or termination of arrangements for the care of a dependant”, and concluded that the request for absence was made as soon as reasonably practicable, and that the amount of time requested was reasonable. However, the Employment Appeals Tribunal found that: “The purpose of the l...
Case | 6 May 2008
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Buncefield disaster: the aftermath and what you can learn from it
...uge percentage of accidents are caused by human error, so you need to ensure you've the right checks and balances to avoid being caught out in the first place. And No. 2: Could you cope if Buncefield happened in your back yard? According to www.londonprepared.gov. uk, one out of five businesses can expect to be affected by a major disruption over the next five years, and, it adds, experience shows that businesses are far more likely to survive a disaster if they have thought about it in advance, and planned accordingly. Sound business continuity principles can be applied to a single office building ...
Magazine issue | 5 May 2009
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Teachers's strike: will your employees be affected?
...t about calling in sick:“I think when something is as public as this, people will say 'I have to take time off'. I don't think they will make up stories. Everyone is very aware about it. We would be very anxious for this strike to be avoided.” According to Workplace Law Network’s white paper, Expect the Unexpected: emergency leave and employees’ rights, all employees have the right to take a “reasonable” amount of time off work to deal with emergencies involving their dependants. The right is set out under sections 57A and 57B of the Employment Rights Act 1996 (ERA 1996), and provides...
News | 23 Apr 2008
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Legionella trial special
...uipment such as TVs, videos, hi-fi and computers. It places requirements on anyone that manufactures, brands, imports, sells, stores, treats or dismantles electrical or electronic products. 5005 5559 The publication of the new Part L (Conservation of Fuel and Power) of the Building Regulations is expected in July 2005. This Part has been subdivided into two distinct Approved Documents: Part L1 covering dwellings and Part L2 covering all other types of building. 5391 october 1st 1 October is the second of two dates in the year when changes to employment law and new health and safety regulations a...
Magazine issue | 1 Jun 2005
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Identity charade
...e (DpD), which adjusts the `rules' for classifying and labelling preparations (mixtures) of chemicals based on the classification of the constituent substances and their concentrations in the preparation, comes into force. 15974 5 october maternity rights will change for employees whose babies are expected on or after 5 October 2008. The changes relate mainly to employment rights, in particular nonpaid rights. 15946 The rules requiring an employer to display an employers' liability insurance certificate will be changed so that the requirement will be satisfied if the certificate is made availabl...
Magazine issue | 3 Sep 2008
