Employment Law Cases

Employment Law Cases Employment Law. Jack As a general rule the TUPE Regulations 1981 enable a contract of employment of an employee to be transferred over to the buyer of a business in the event of a sale from one employer to another means that the new employer must preserve the regulations of the old employer.   However an important limitation on the scope of these regulations is the exclusion of changes of control in a company through share purchase.   This is because the identity of the employer does not change: the employer is the same company as before, even though there has been a change of controlling interest.   This means that Jack cannot refuse to work for the company on account of the change of control and neither can Jack as a trade union member enforce the TUPE regulations in relation to the employer’s duty to inform and consult with the representatives of the workforce. Sophie It is assumed that Sophie’s complaint relates to the fact that Claudio is a man whom is doing a similar job to hers and being paid more and therefore she will be considering bring an action under the Equal Pay Act 1970.   Under this act Sophie, as a female applicant is allowed to compare her terms and condition with those of â€Å" a man in the same employment† who is employed either like work, work rated as equivalent or work of equal value to hers.   This means that Claudio must be employed by the same employer – which we know to be true and that he must be shown to be employed in employment which has â€Å"common terms and conditions of employment†¦generally† to the work that Sophie does.   Whether or not this is considered to be the case will depend very much on the types of arrangements that are in place at that particular place of employment.   Therefore if the employment structure indicates that management roles are to be paid against t he same pay structure then Great National Bank will be in breach of the Equal Pay Regulations.   If this is not the case then they will be not. Anthony There are essentially three issues that Anthony has raised the first of these is that his supervisor is making inappropriate sexual remarks.   This is likely to be considered harassment.   In order for Anthony to show that he is being sexually harassed he must show that the he would have been treated differently but for his sex and that the harassment is â€Å"a particular kind of weapon, based upon the sex of the victim, which, as the employment tribunal recognise would not have been used against an equally disliked [wo]men.†Ã‚   Therefore if Anthony can show that these remarks amount to sexual harassment then he will be able to bring a claim at the employment tribunal. The second issue is that Anthony objects to the amount of his salary.   There is little that Anthony can do about this as he is only sixteen he will not be covered by the National Minimum Wages Act 1998 which sets a minimum salary that is payable to staff in certain age groups, and Anthony being under the age of 18 can do little to rectify this situation, other than address it with his manager and see if they are prepared to raise his salary or he can seek employment else where. The third issue is that Anthony has injured his back as a result of lifting heavy boxes.   Great National Bank owe Anthony a general duty of care with regard to his safety.   That duty is four fold and they must provide competent fellow workers, safe materials, a safe place to work and a proper system of work.   Great National Bank also have a statutory duty to ensure the â€Å"health, safety and welfare of persons at work, protection other persons against risks to health and safety arising from work-related activities, and controlling the use of dangerous substances.   Therefore if Great National Bank are not providing a safe system of work or are in breach of their general duty of care with regard to Anthony’s health and safety then Anthony may have an action against them for his injuries   Francesca Whether or not Francesca consults the agency or Great National Bank in relation to her request for leave depends very much on whether she is considered to be an employee or not.   The Employment Rights Act 1996 defines an â€Å"employee† as an â€Å"individual who has entered into or works under†¦. A contract of employment† and â€Å"contract of employment† is defined, in turn, to mean â€Å"a contract of service or apprenticeship whether express or implied, and (if it is express) whether oral or in writing.†Ã‚   In consideration of this statue it would appear that Francesca is not an employee as she has a contract for service and not a contract of service. However under income taxation and social security legislation Francesca is an employee as the company pay for her, her national insurance and income tax.   In support of this argument is the integration test that is often applied to such instances and that is to say â€Å"one feature which seems to me to run through the instances is that, under a contract of service, a man is employed as part of the business and his work is done as an integral part of the business; whereas under a contract for services his work, although done for the business is not integrated into it but is only accessory to it.†Ã‚   On this analysis again it would seem that Francesca is an employee of Great   National Bank, and therefore it would be concluded that she would have to approach them to enquire about her leave.   Ultimately however the decision will be one of fact and law for the tribunal to decide. Bibliography Legislation Employment Rights Act 1996 Equal Pay Act 1970.   Health and Safety at Work Act 1974 National Minimum Wages Act 1998 Sex Discrimination Act 1975 TUPE Regulations 1981 Cases Brookes v Borough Care Services Ltd and   CLS Care Services Ltd [1998] IRLR 636 Leverton v Clywd County Council [1989] IRLR 28 Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 Porcelli v Strathclyde Regional Council [1986] IRLR 134 SI (Systems and Instrumentation) Ltd v Grist [1983] IRLR 391 Stevenson, Jordan Harrison v MacDonald Evans [1952] 1 TLR 101 Wilsons   Clyde Coal Co Ltd v English [1938] AC 57 Books Blackstones Statutes on Employment Law 2004-2005, 14th Edition Deakin S Morris G, (2001) Labour Law , Third Edition, Lexis Nexis Butterworths

The Constant Status of Beta Essay -- Business, Stock Returns, Investme

Beta being an efficient measure of riskiness of a security is an important financial instrument in investment decisions regarding estimation of market models, development of investment portfolios, estimation of cost of capital and emerging derivative markets. Since 1960s, the practical implication of CAPM has been in vague until recently challenged by some researchers Fama and French, (1992) for beta being insufficient in estimating the future returns of stocks based on historical data. The constant status of beta in estimating stock returns is questionable by the academic researchers for the high-low variation in its parameters. As systematic risk is time variant in nature, thus it is necessary to consider beta as a time series process withholding within it the stochastic behavior. Faff, Hillier and Hillier (2000) have demonstrated three modeling techniques to estimate time-varying beta namely multivariate generalized ARCH model (M-GARCH), another time varying heteroskedastic market models identified as EGARCH, TARCH and Kalman Filter approach. The dataset comprises of daily returns of 32 UK industry portfolios for the time period of January 1969 to April 1998. All the three models explain the time variability in systematic risk in the stocks. Of all the three models, Kalman Filter approach along with random-walk parameterization out-performs in efficiently explaining the stochastic behavior of betas in the daily stock returns of UK. The Kalman filter approach can be summed up as an optimal recursive computation of the least-squares algorithm. It is a subset of a Bayesian filter where the assumptions of a Gaussian distribution and that the current state is linearly dependant on the previous state are imposed. In oth... ...el errors while estimating these models using a Kalman filter algorithm has been considered and taken into account. The magnitude of reduction in the variance of market model errors that can be achieved if betas are allowed to vary is also measured. This gives a useful technique for comparing time-varying beta models with the constant beta model. This work also suggests that time-variation in beta is present in case of developing markets as in case of developed markets. The overall results have important implications for portfolio diversification and hedging strategies. Another implication of this academic research is that a dynamic hedging strategy, in which the hedge ratios are frequently adjusted in the light of the new information, will perform better compared to a static strategy where the hedge ratio is chosen at the beginning of the investment horizon.

Cable Television Essays -- Technology Media Papers

Cable Television The word technology has meant a number of different things throughout the span of time and culture. From the beginning of the stone tablet to the introduction of cyberspace there has been technology; something that has enhance our literacy and improved our detail of life and knowledge. The development of the personal computer seems to be somewhat elementary to all of use now. Technology has made its way into our homes and is continuing to make our lives interactive with those around the world. ?Before the advent of the PC, the television and satellites brought the world into the living rooms of many homes Pictures of life beyond the boundaries of one's own community or neighborhood were made accessible every night through local broadcasting and eventually cable television. Kubey and Csikszentmihalyi find that, "Today, the thing hundreds of millions of humans most have in common with one another, aside from their humanity, is television. It has become our culture’s dominant form of leisure and its most powerful means of mass communication. In four short decades it has become the primary channel for the information that we share as a nation and as a world" (24). The use of cable television is not something that seems that entirely revolutionary to us all now. It is the one thing that most Americans relax to every night and look to every morning to find out the weather for the day. It is said, "one third of waking time that is free, the single activity that clearly abs orbs the most time in modern societies is watching television (Kubey and Csikszentmihalyi 12). TARGET TECHNOLOGY : CABLE TELEVISION Description: ?This page will discuss and explore the implications of one of the greatest technologies ... ...EPRI_Journal/jan_feb97/telecom.html. MCM Telecom selects Lucent Technologies to Build Broadband Local Network in Mexico. Online. Internet. 12 Apr 1999. Available. http://wwwlucent.com/press/1098/981015.nsb.html. National Cable Television Association. Online. Internet. 12 Apr 1999. Available. http://www.ncta.com. Ragdoll. Online. Internet. 12 Apr 1999. Available. http://www.ragdoll.it/10fpen.htm. Segal, Sheryl. Telecommunications Act of 1996. 25 Sep 1998. Online. Internet. 12 Apr 1999.Available. http://www.fcc.gov/telecom.html. Schaeffer, Lee. Western Pennsylvania Television and Video Teachers Consortium. 1 Jan 1999. Online. Internet. 12 Apr 1999. Available. http://www.nb.net/~schaefer/tvt.html. Telewest and NCI Announce Plans For Interactive Cable Television. Online. Internet. 12 Apr 1999. Available. http://wwwnavio.com/news/releases/telewest.html.

Compare the theme of seduction in To his coy mistress and The Essay exa

Compare the theme of seduction in To his coy mistress and The seduction The poem â€Å"to his coy mistress† was written by Andrew Marvell between 1621 and 1678. However â€Å"The seduction† (which was written by Eileen McAuley-a woman) was written much later, in the 1980’s. Both poems are about a man trying to persuade a woman to sleep with him. In â€Å"THCM† the man uses flattery and persuasion â€Å"For lady you deserve this state.† In this poem however we never actually discover if he was successful in persuading her. In â€Å"The seduction† he seduces her using alcohol in the hope that she will sleep with him if she is drunk. In this poem we do discover that he is successful as the girl becomes pregnant. In â€Å"THCM† the male is narrating for example â€Å"our† and â€Å"we.† In â€Å"The seduction† neither of the characters narrates. It is written in third person â€Å"He lead her to the quite bricks of Birkenhead docks.† Throughout the entire poem no names are used â€Å"he† and â€Å"she.† I think this symbolises that the situation is quite common. In both poems our sympathies are with the women. We sympathise with the women in â€Å"The seduction† because she becomes pregnant and truly regrets her actions â€Å"So she cried that she had missed all the innocence around her.† In â€Å"THCM† our sympathy is also with the woman as she is being pressurised into to having sex even though she might not want to. The men in both poems are similar in one way as they are both seducing the woman in the hope that she will sleep with them. However they both act very different. The man in â€Å"THCM† is more romantic as he takes the time to admire and appreciate the woman â€Å"An hundred years should go to praise Thine eyes, and on thy forehead gaze.† Whereas in â€Å"The seduction† He doe... ...of nicotine.† I think this definitely comes across during the poems, and is a clear difference. In conclusion it is clear that both are poems are about a man seducing a woman in the hope that she will sleep with him. I believe the biggest difference between the poems is to do with the date when they were written. Both time eras had completely different attitudes to sex, which is why the men go about a different way to seduce the women The poem that I find more persuasive and effective is â€Å"THCM† because the man actually loved the lady †I would love you ten years before the flood† and his intentions were slightly more pure it seems, compared to the man in â€Å"the seduction† who simply took advantage of the woman and didn’t care for her one bit. I also think that it is very cleverly written and is interesting how each stanza represents a different time frame.

Solutions for Terrorism Essays -- essays research papers

Terrorism is a controversial issue which spans the globe, Terrorism is defined as using force to influence or change a political decision. This is a relevant definition which can easily be related to in this day and age. There are many ideas about how to deal with this menacing threat one being a diplomatic solution some believe that the United Nations (UN) should step in and resolve it peacefully. Others oppose this idea and believe that the only solution is violence. Many up hold the idea of violence and that joint North Atlantic Treaty Organisation (NATO) and special forces operations should tackle the threat head on The history of terrorism can be traced back as far as the French revolution and Guy Fawkes. These acts of terrorism only seem distant reminders of our bloody past but are not a far cry from today’s brutal acts of terrorism. Just as the French government starved their people into submission, Saddam Hussian dropped chemical and biological weapons on thousands of his own people to show that uprisings and political crimes will not be tolerated. Terrorism can be driven in many ways whether its hate, religion or occupation. Most are hell bent on fulfilling their dreams of dying for their cause or religion. Counter-terrorism is a relatively new issue wish has just risen in the past fifty years. It has recently been brought to light the September the eleventh attacks on the pentagon and the world trade centres drew into sharp focus the need to understand and counter the threat of terrorism with extreme use of force to prevent innocent blood shed on British and American soil. Understanding the past lessons of counter-terrorism has never been more important, as the coalition of western super nations response to the th... ...s the anarchists cook book a internet site dedicated to bomb making. The internet has opened a gateway for terrorism to take a more uglier and organised form. On the internet you can even find guides for making shoe bombs, reloading anti-tank guns and even how to shoot at American soldiers. To conclude no matter how terrorism comes to a resolve whether it’s through diplomacy or violence or if it comes to a resolve at all. I believe that a global campaign against terrorism is a realistic option that should be used to tackle the issue. Just as Albert Einstein said â€Å"I do not know what weapons WWIII will be fought with but I assure you WWIV will be fought will sticks and stones† just as Einstein predicts the end of the world with some sort of apocalyptic nuclear or biological weapon will terrorism be the downfall of the 21st century?

Travel and tourism

Student Name: Cheryl Facial Define Tourism: Tourism is when someone travels within their own country or to another country such as Spain, weather it is for leisure or business reason and for all other purposes. Types of Tourism Description: Example: Describe Domestic: A domestic holiday Is where someone who lives In the UK travel to another part of the LIKE. An elderly couple who lives Bradford goes on a two week holiday to Scarborough. Describe Outbound: An outbound holiday is when someone who travel out of the UK to a different entry.A group of friends from Liverpool goes on holiday to Pizza to have fun. Describe Inbound: An inbound holiday is when someone who live in a different country that comes to the I-J. A Chinese doctor travel to London for a medical convention. VISITOR TYPE Identify Tourism type (domestic/inbound/outbound. When someone goes on holiday to relax and have fun. A family of five goes to Disneyland Paris. This is an outbound holiday. When someone stays in they ow n country or goes to another country for a business eating.A business woman from London travel to Paris for meeting This Is an outbound holiday. 1 OFF When someone travels to visit family and friends. A girl from Bradford goes to London to visit her auntie. This is a domestic holiday. EDUCATION When a group of school student goes on an educational trip. To Normandy for a history trip. SPORT Year ten student goes When someone goes to a sporting event trip such as football. A football fan from Spain come to the I-J to watch the final of the champion league This is an inbound holiday.

King’s major course of action Essay

King’s major course of action throughout all of his work was nonviolence, and he was awarded The Nobel Peace Prize for his work. The war itself was a betrayal of America’s moral obligation, heightened by media portrayals of what is just for our nation. King expressed that our spirit continues to diminish as we diminish humanity across the world. His motive was for our populace to stop thinking in terms of our nations as a singular body, but to think of our nation as a model â€Å"that embraces the brotherhood of man† (King, 1967). He required Americans to see the Vietnamese as our brothers and sisters and gave insight on the experience of the Vietnamese as people not enemies. King spoke of our complete funding handed to the French so they may advance in control of these people. â€Å"He proclaimed that America is a victim of Western arrogance for rejecting the revolutionary government seeking self determination in Vietnam† (Spence, 2009). King told us their story of devastation. He described our destruction of their resources. War efforts contributed to the loss of crops, tainted water supplies, and the demoralized the Vietnamese people in their efforts for survival during a time of great suffering (Spence, 2009). King made it clear that the destruction of the Vietnamese culture was intertwined with the destruction of our own culture. He proclaimed that our troops were sent on a false precedence that only furthered agendas of our nations wealthy. Their agenda led our oppressed solders to death as they killed those oppressed in Vietnam. The propaganda in acquiring a watch dog status in the eyes of other nations mocked our pursuit. Our leaders could not articulate our purpose for being in Vietnam. A Great Buddhist leader commented that America was no longer revolutionary and democratic but the image of violence and militarism (Spence, 2009). For over 5,000 years we have built empires and maintained a rich get richer mentality. We have seen those with wealth as models to obtain our own successes. We have left those who have needed aid the most behind to further our own successes. We have only risen to occasion of hope when we reap the highest benefits. The United States is trapped in an Imperial  Consciousness: those not for our agenda are against our agenda. This way of thinking is dangerous and leads to Moral Autism. †Imperial Consciousness may have the social intelligence to recognize it is easiest to steal from those who trust you, but lack the moral capacity to recognize that to do so constitutes a wrong in itself and destroys the fabric of trust essential to healthy social relationships† (Korten, 2006). Beyond Vietnam lays the ground work for this school of thought not in a way that we should adopt it, but the urgency to abandon it. King’s speech captures the momentum needed for our nation to mature. King sought for our nation’s people to be true examples of revolutionaries. He demanded we abolish thoughts that privilege is earned and realize it is inherent. He asked we believe in people most disadvantaged and stop tucking them under our nation’s blanket of shame. The inherent shame is our own complacency in these matters and our brain washed minds that comply with the thinking that we do not matter or have the capacity to understand the complexity of decisions made by our own power structures. It can be said that King’s message was to end the war, and it was. He projected ending the war was essential and gave a list on how.   Ã¢â‚¬Å"End to all bombing in Vietnam; unilateral cease fire; prevention of battle grounds in Southeast Asia; recognition of the National Liberation Front; a set date from removal of all foreign forces from Vietnam in accordance with the 1954 Geneva Convention; granting of asylum to Vietnamese suffering persecution; and the payment of reparations for harm done† (Spence, 2006). He also described what could be done at home, stating we should continue to protest and stay active within our churches. While his message was to end the war, it was a stepping stone in the right direction for our nation’s obligation, honor and integrity. Layer by layer embedded in his speech King ask Americans to make a worthy change. As our nation evolves and advances in wealth, industry, technology, the market and free trade with other nations we remain stagnant  in social and cultural advances. We have lost sight in the power of our people and all people. We have without question remained faithful children of our empirical society only to watch our brothers and sisters fall, and when they fall we march to the guise that it is somehow their fault and their fault alone. We continually fault each in our race to the top. King’s message is not a memo to the individual but a mass informant. We must change our institutions and how they support us. We must stop looking at our nonprofit organizations as less worthy because they are stated as not making a profit in our capitalist society. We must stop losing sight of our causes to obtain grant monies that slightly sway our causes. We must advance people in areas of expertise that are directly connected to the people in which they service. We must put check marks on markets and free trade. We must care about the woman in the third world nation that makes our clothes or computer parts. We must demand that people are our highest commodity and put above a precedent of all things material. We must look at all people as our people. Beyond Vietnam is a speech that should be resurfaced again and again. Martin Luther King’s words take you to the past and reflect the present in a way that sends chills through your soul, and if you’re a person of any feeling and some intellect, it will heighten your very being. Be prepared for a journey before you engage, for such insight can cause anger, regret, and shame. Do not cling to these emotions. MLK has given each and everyone exposed to his message, a gift. He presents us with precision hidden by our meticulously wrapped ideology. One would think as a nation we would share his plea for humanity, instead we rewrap adding layer upon layer. We bury his endowment only to become systematic. Together we are robotic, uniformed servants of the power elite.