Employment Bulletin
10 October 2008
Guidance on when an employee can take time off for dependants
The Royal Bank of Scotland Plc v Harrison [2008] UKEAT/0093/08/LA
The Employment Rights Act 1996 ("ERA 1996") allows an employee to take a reasonable amount of time off work where "it is necessary because of the unexpected disruption or termination of arrangements for the care of a dependant". In this case, the Employment Appeal Tribunal considered, for the first time, the meaning of "necessary" and "unexpected" in the context of disruption to an employee's care arrangements for her child.
The EAT held that H's right to take time off as a result of unexpected disruption of care arrangements for her child, was not limited to emergencies or last minute disruptions. The EAT disagreed with the employer (RBS) that the meaning of "unexpected" should be considered in relation to time. The EAT concluded that RBS was incorrect to focus on whether the disruption was "unexpected" and held that the question should instead be whether there was a "necessity" for H to take time off work? "Necessity" should be given its ordinary meaning and as such each case will turn on its own facts.
H had been notified of the unavailability of her childminder two weeks before the date for which the childcare was arranged. She was unable to find replacement childcare and requested to take the day off. Her request was refused and she had no choice but to take the day off work. RBS treated her absence as unauthorised and H received a verbal warning. H subsequently sought a declaration from the tribunal that, as a result of receiving the warning, she had been subjected to a detriment arising out of her exercising her right to take time off work.
Good practice:
This case is a clear reminder that employers should act reasonably when considering their employees' personal circumstances and subsequent requests to take time off work.
For further information contact Gareth Edwards on 0117 314 5220 or kthomas@vwl.co.uk
Time off work for carrying out community duties
Magistrates, school governors, members of health bodies and police authorities currently have rights to take time off work to perform their public duties. The Government is considering passing legislation to broaden the range of civic duties for which employees are entitled to take time off work. Proposals include extending rights to those who want to help young offenders turn their lives around, get involved in making sure the local courts and probation services meet the needs of the community and council tenants who want to take an active role in the management of their estate.
Consultation closes on the 19 December 2008. To have your say visit http://www.communities.gov.uk/publications/communities/timeoffconsultation
For further information contact Kirsty Thomas on 0117 314 5409 or kthomas@vwl.co.uk
Mediation - want to know more?
ACAS and Chartered Institute of Personnel and Development (CIPD) have published Mediation: an employer's guide which aims to provide information about mediation and guidance to employers on whether mediation may be suitable for them in resolving work place disputes. Mediation may be appropriate where the employment is on going and the employee and employer hope to re-establish a working relationship. A copy of the guide can be accessed at www.acas.org.uk
For further information contact Kirsty Thomas on 0117 314 5409 or kthomas@vwl.co.uk
Get into shape for the future
On 19 November 2008, we will be running an executive briefing for HR Directors, Finance Directors and other Senior Managers responsible for employment strategy at Leigh Court in Bristol.
The current economic downturn means that we are all facing increasingly challenging times. The briefing will focus on taking this opportunity to shape your business to achieve growth in the future and will cover the following key themes:
• Shaping the business - the importance of having systems in place to spot talent and key individuals as well as effective performance management
• Incentive and Reward - how to implement effective and tax efficient retention initiatives to become the employer of choice
• Reorganisation and change management - how to manage headcount and the tax treatment of severance payments
• Recruitment - how to get ahead of the game through effective policies and procedures
Further information about the briefing can be found at here. We look forward to seeing you there!
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
