Critically evaluate, in relation to the common law duty of care, the Essay - 7

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, doe - Essay Example Selective provision of reference for former employees could contravene the Equality Act 2010 (the Act) if such an exercise amounts to discrimination. In cases where an employer does not offer a reference, it is bound by a duty of care to the former employee. The duty requires the former employer to exercise reasonable care in the processing of accurate, truthful, clear, and fair references (Sam, 2004). Employers also have a duty to fellow employer. In executing this duty, Austen-Baker (2011) notes that a former employer may offer a detailed or a brief reference; however, the content must contain all the necessary information that leaves no room for speculation. Any employer who fails on this may be liable for negligent misrepresentation of facts (Gergen, 2013). Such an employer may also be vulnerable to tort of deceit charges. Detrimental treatment The Act provides important safeguards against victimisation of an individual who files a case against a former employer or has volunteere d evidence in trial under the statute or filed a claim for violation of the statute (Elder, and Gerdes, 2007). Before the Act was enacted, the English common law had ensured that immunity against whistle-blowers and victims was in place. For instance, the House of Lords verdict in the case of Rhys-Harper v Relaxation Group plc [2003] IRLR 484, directed that employees should be cushioned against victimisation such as an employer’s denial of reference in connection to an earlier engagement. Marson (2013) has pointed out that Section 108 of the statute precisely leaves out issues to do with detrimental treatment where an employer-employee relationship has ended. Even though the motive behind Parliament’s decision to leave out victimisation claims after the end of an employment relationship could be seen as an error, the alleged gap is consistent with placing no duty on an employer to give reference to a former employee. Authorities Various examples of the UK case law have not been consistent on victimization of former employees. In the case of Ono v Akwiku (2012), the Employment Appeal Tribunal (EAT) issued a verdict to the effect that it is legal for ex-employees to file for a claim for detrimental treatment under the Equality Act 2010. The ruling may have been informed by the fact that some employees are victims of unfair dismissal and subsequent victimization. Regardless of the reasoning, the EAT verdict contradicts the outcomes of the case of Rowstock Ltd & another v Jessemey (2013). In the latter case, the EAT held that Mr Rowstock could not be remedied for victimisation, following his receipt of a bad reference from his ex-employer. The claimant had alleged age discrimination as victimisation (Marson, 2013). The EAT's ruling was informed by the literal rule of  §108 of the Act, which could not be construed to arrive at a different meaning (Gergen, 2013). In the case of Ono v Atwiku, the petitioner, a domestic employee filed for a claim again st her ex-employers citing detrimental treatment which happened after the engagement between the two parties had ended. In its decision, as Marson (2013) states, the EAT sought to correct the ruling in Jessemey, by arguing that it would not be proper to bring claims of victimization against the former employer after they had gone separate ways. Legal absurdity In spite of the correction of the ruling on the former case

How to Lead Effective Meetings Essay Example | Topics and Well Written Essays - 1250 words

How to Lead Effective Meetings - Essay Example As the discussion highlights  agenda is a list of items that need to be discussed by the participants in order to achieve the objectives of a meeting. Being a form of early warning system, agenda helps the participants of a meeting to be prepared on how to deal with the various topics that will be covered in the meeting. To achieve the goals of the meetings, it is fundamental for the participants to be well prepared before a meeting. Thus, the main role of agenda is to provide the participants with the information in order ensure they are prepared. An agenda works as a time table that is followed by the participants during a meeting.According to the paper findings  an agenda is structured into three major items. The first one is common items that include apologies for absence, minutes of last meeting and matters arising. The second part is specific items that include accounts, special reports and appointments. Thirdly, an agenda has concluding items that includes any other busine ss (AOB) and the date of next meeting. For a meeting to be successful in meeting its aims, all the three items of the agenda must be covered.  Prior to a meeting, Peytons General Supplies department managers ensures adequate preparation. Meeting preparation takes four major steps. First, the managers identify the reasons of holding the meeting. In this way, they ensure that the meetings have clear goals. Secondly, the managers identify who should attend the meeting.

The film Black Swan explores and critiques cultural ideas concerning Essay

The film Black Swan explores and critiques cultural ideas concerning women - Essay Example In many ways, the ballet is the epitome of the misogynist fantasy, women who are represented as virginal and without sexuality, but with every movement of every muscle highlighted and visible. The great choreographer, George Ballanchine, wanted his ballerina’s to have no weight, to eat nothing, and to appear to be children rather than grown adults. Within the framework of the ballet, the dream of female fragility is played out through extremes of physical contortion and athleticism, which is presented to seem as if it is not. The film, Black Swan (2010), provides context for the nature of the life that women lead. Woman have always been constrained to live through the expectations put on them by society, trying to meet impossible standards without true recognition for how impossible the expectations that have been put on them are to meet. The expectation of perfection, the need to be all things, creates a pressure that often turns inward into self-mutilation and destructive be haviors. In the case of the lead character in Black Swan (2010), the critique on the culture of women explores the nature of striving for perfection and the dangers that lurk within the struggle to meet the expectations that are impossible to achieve. ... ecretaries for organizations, and do little within the home towards maintaining the daily chores, women are not allowed that luxury to let go of any sphere without facing failure. The ballerina, is first, an athlete. She performs on her toes, each movement of each muscle under her control so that she can turn, fly, twist, and land without appearing to be putting in any effort. She must be in peek condition, but her body must be starved of any body fat and lean without the bulge of muscle. Her representation is frail and fragile upon the stage, despite the strength and prowess that is required to create the dance. Her life is a contrast of needs, her impossible task set to see her fail. Few can achieve the balance, and all those who cannot, step away feeling like failures. The most notorious relationship in the recent history of the ballet is that between the choreographer George Balanchine and the ballerina Gelsey Kirkland. Kirkland wrote a book that described her experiences with Ba lanchine as he pushed his dancers to perform. He would tell his dancers â€Å"must see the bones†, â€Å"eat less†, and â€Å"eat nothing† (Freidler and Glazer 15). He led his dancers in what Kirkland is quoted as calling a â€Å"concentration camp aesthetic† (Gordon 124). Kirkland suffered from bulimia and anorexia nervosa, as well as drug addiction from taking pills to balance her lack of nutrition and energy. Her experience was painful, stressful, and full of the turmoil that women face as they strive to balance on their toes and be all things in the process. The metaphor of the ballet provides a rich textual dialogue about the difficulty of being a woman in today’s society. Unfortunately, as much as it is a metaphor it is also an explicit truth that the expectations in the ballet are

The development of the Digital economy Essay Example | Topics and Well Written Essays - 3750 words

The development of the Digital economy - Essay Example These are very different from each other and are different from the earlier end products of industrialisation. The digital economy comprising of information, computing, and communications - is now the primary driver of economic growth and social changes. It has reached a stage where it is no longer possible except to adapt and enhance oneself to the digital economy to avoid being left behind. A better understanding of these adaptations help in more efficient decision making that translates into better solutions in research, products, or services. The health of any economy has gone from the dependence on farming in the agrarian age to the industrial end products in the industrial age to the current digital or information age. The time period of growth seems to be accelerated and considering that the digital age only began with the invention of the ENIAC computer about less than four decades ago, the world as seem to have progressed in leaps and bounds. Then, Tim Berners-Lee and some others joined to pioneer another great step: the Internet. The Internet has become a critical component of the digital economy and the most influential. The impact of its power cannot be estimated. Internet commerce, which is arguably the most significant component of electronic commerce ("e-commerce"), includes consumer retail and business-to-business transactions; online financial services; media; infrastructure; and consumer and business Internet access services. Recent industry research shows that over one million people in the UK became Internet users for the first time during the third quarter of 1998. Fifteen per cent of the adult population in this country have now visited the World Wide Web. This puts it some two years behind the US, where web users now represent 37 per cent of the adult population, but ahead of Germany (ten per cent) and France (eight per cent). The Issues Economic Implications Every economy is now affected by the emergence of the digital economy. It has changed all the aspects of business, social and cultural entities. The Internet, a main component of the digital age has brought about significant changes in the way business is conducted and the way people work and live. Lowered costs and increased productivity have heralded rethinking strategies in all aspects of the society. Dependency and undue influences of the digital economy has given rise to speculations of how far out these can go without backfiring on the basic aspects of life. Globally, it has seemed to widen the gap between the developed and developing nations while at the internally it has seemed to widen the gap between the rich and the poor due to the accessibility of the infrastructure. Changes in Organizations Information technology has brought with it changes in the organisational performances, policies and people. Information technology has the potential to change the structure and performance of organizations and human enterprise. It has enabled companies to go global with ease and hence forth opened up the borders of the workplace. While it has created a new dimension of

Assignment 1 Essay Example | Topics and Well Written Essays - 250 words - 11

Assignment 1 - Essay Example He made various publications on nature such as the Catalogue of Cambridge Plants in the year 1660 and 1713’s Synopsis Methodica Avium et Piscium. Most of his publications were based on natural aspects such as fish, insects, mammals, plants, and birds. In his publications, he brought order to the mass of names that were in use by other naturalists. His greatest contribution and one that he is known for incorporates development of a classification system for different organisms. His classification system was the most original to classify flowering plants as either docots or monocots. Other naturalists such as Linnaeus classified the same under a single system; floral classification system. Ray’s classification was better and more precise because it expressed similarities as well as differences in a more fully manner. This system greatly influenced works by other botanists and replaced the systems based on one feature. This classification system is still relevant in the co ntemporary world indicating how important John Ray had been through his

Complexities of the U. s financial system Assignment

Complexities of the U. s financial system - Assignment Example Efficiently operating financial markets play a part in the health of the economy (Fabozzi, Modigliani & Ferri, 1994). Economic growth is underpinned by financial market development. Financial markets guide the flow of individual and business savings and investments, within the economy to improve the buildup of capital and enhance effective production of products and services. The price of returns on investments and credit plays a part in signaling financial market participants such as consumers and producers to channel funds, particularly from businesses and households to investors, governments, consumers and businesses. Financial markets link those who need the funds with willing lenders (Demirguc-Kunt & Ross, 2001). Strong financial markets and institutions and a wide array of financial instruments and products, meets the needs of both lenders and borrowers, therefore, the entire economy. Moreover, strong financial markets enhance the flow of funds among countries, thereby enhancin g the economies. Additionally, financial markets also reduce transaction and search costs within the economy. Through the provision of a wide array of financial products with differing pricing and risk structures and maturities, financial systems provide products to participants, which offer borrowers and lenders with close matches for their needs. Persons, businesses, as well as governments that need funds can effortlessly discover which financial markets or institutions offer funding and the costs imposed on the borrower (Pryor, 1996). This enables investors to compare financing costs to their anticipated returns on investment hence making the most effective investment choices suited to their needs. Therefore, financial markets influence the allocation of credit within the economy, facilitating production of products and services. The key rationale for creating the Federal Reserve was to deal with banking panics. Other roles are provided in the Federal Reserve Act. The Federal Res erve furnishes an elastic currency, allowing for the rediscounting of commercial paper and establishes an effective supervision system of banking in the US. The Chairman of the Federal Reserve serves as the head of the country’s central banking system and is the executive officer of the Federal Reserve’s Board of Governors (Demirguc-Kunt & Ross, 2001). Conversely, the Federal Reserve Board, conducts the country’s monetary policy, supervises and standardizes banking institutions and protects consumers’ credit rights. The Board also ensures the financial system’s stability and offers financial services to the government, official foreign institutions and the public. Today, the Federal Reserve serves as the country’s central bank, striking a balance between the government’s role as a centralized institution and banks’ private interests. It also monitors and regulates banking institutions and protects consumers’ rights. Thro ugh a monetary policy, the Federal Reserve manages the country’s money supply in order to attain stable prices by deterring deflation and inflation, maximum employment and minimal long-term interest rates. Moreover, the Federal Reserve maintains the US financial system’s stability and acts as a banker and lender of last resort to commercial banks and the US government (Pryor, 1996). The reserve

Global Financial Crisis Essay Example | Topics and Well Written Essays - 1500 words - 1

Global Financial Crisis - Essay Example From the early 90’s, the United States has been experiencing economic expansion of the highest magnitude. During this period, it’s real Gross Domestic Product increased by 32.9 percent or 3.6% annual growth rate. The major reason for this expansion is consumption. Consumption is responsible for 75% of GDP which has been on the rise at an annual rate of 3.8 percent. What fuelled this increase in consumption is the consumer credit spending. Since the consumer disposable income increased at a slower rate than consumption, people began to spend on credit. The housing bubble is another key reason for growth in the United States economy. The housing growth did not only lead to booming in the construction industry. The machinery sector increased also. Employment in the real estate was high and mortgage industry ballooned. However during the 2006-2009 financial crisis, mortgage and the real estate credit decreased by 53 and 44 percent, respectively. This led to another sharp de cline in the United States economy. The military budget is another factor in the American economy. The military budget has been on the rise particularly after September 11. The military represents a direct demand to the United States government. An increase in its spending increases production levels and creates employment to many people. When these employees spend their income, it further increases jobs and income to other people. However, spending on the military does not mean it necessary stimulate the economy. Military spending was able to stimulate the economy during the 1950s when urge for weapons was high than now. The economy needed such stimulation; with the growth of credit over the last several years, United States economic problems lie within the area of innovation and investment (David 15). Military spending has also affected the supply side of the Americans economy. Military spending reduces the ability of the United States economy to develop new goods and renovate its production technology. Countries that have an increased level of military spending tend to have low investment rates. Bankruptcy is another factor that plays a vital role in the United States economy. Bankruptcy benefits the economy since giving debtors ways of discharging their debts should encourage more borrowing and spending of funds. Consumer bankruptcy has affected the United States economy negatively. When there is a high rate of consumer bankruptcy, consumer’s confidence declines, and their spending reduces. This increases the consumer’s savings rate. Increased consumer savings reduce corporate investments, which lead to job cuts. Higher unemployment rates lead to an economic downturn. The economy of the United States has periodically been witnessing numerous downfalls particularly after September 11. There has been extensive financial crisis and housing disaster, but all in all the economy has managed to hold on as the World super power. It is not as secret t hat the people charged with ensuring that the financial system is stable in the United States helped cause the 2007-10 crises. The Financial Guardians in the United States and Europe established policies that encouraged adverse credit allocation, and a lot of risk taking by their financial institutions. They still stood by the same policies even after learning of the impending financial