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

Altruism & prosocial behaviour Essay

Altruism, a form of prosocial behaviour had been one of many enduring questions social psychologists have investigated. Psychologists have attempted to explain altruism in terms of a person’s willingness to help at a cost. It has been defined by Walster and Piliavin (1972) as ‘ helping behaviour that is voluntary, costly to the altruist and motivated by something other than the expectation of material and social reward. This essay will look at research surrounding or reasons for altruistic behaviour. Much debate surrounds this topic as it s often unclear whether behaviour is truly altruistic or egoistic (seeking personal reward). Cardwell 1966 suggested that the primary motivation for helping someone is seen as a desire to improve the welfare of another person rather than the anticipation of some reward. One explanation of altruistic behaviour was attempted by Weiner 1986 who analysed the cause in terms of attribution of responsibility. These attributions create emotional responses, which motivates action or inaction. Attribution to uncontrollable causes such as illness or disability tends to produce sympathy, which results in helping. Attribution to controllable causes such as drunkenness produces anger, which inhibits helping behaviour. This was demonstrated in Piliavin study of ‘subway Samaritan 1969’. Weiner theory is one of many that tried to explain altruism. Batson empathy altruism hypothesis explains altruistic behaviour in terms of empathy. Witnessing another person in distress creates empathic concern, which motivates helpers to try to relieve their persons distress. Again the reason for helping could be egoistic ‘I should help him to make me feel better’ or altruistic ‘I have got to help him so that he feels better’. In Batson et al’s study of the empathic condition 1981, he found that the female students in the high empathy condition were much more likely to help the confederate even when they are in a position to escape from this responsibility. As shown by Batson and his colleagues people help for reasons other than for their own self interest. But it is possible that people who help in such situations do so to avoid punishment such as social disapproval. It is also possible that people help simply to avoid feeling bad about themselves. However, this does not appear to explain why empathic concern motivating helping (Fultz et al 1986). Studies such Batson et al 1988 cast doubt on these claims. This view of altruistic behaviour is very important, not only does it contradict the assumption that all motivation is directed towards the egoistic goal of increasing our own welfare but contradicts the notion that human nature is self serving. Another model of altruism is a negative relief model (Cialdini et al 1987) which suggest that when we are experiencing negative states we are motivated to alleviate this condition by helping others. This is personally rewarding and eliminates the negative state. Therefore the motivation for helping is egoistic. This model states that the primary objective of helping behaviour is the enhancement of our mood. Cialdini 1987 carried out an experiment similar to Batson study on ’empathic condition’. This time, just before requesting for help was made, the researcher either offers a bonus or heaps of prayers. The bonus made no difference however, those who received praise were still motivated to help. This demonstrated that under some conditions experiencing a mood lifting event may lessen our motivation to relieve our own negative state by helping others. Cialidini research although showing some evidence of helping for egoistic reasons does also seem to support Batsons more optimistic view of human nature. Smith et al 1989 developed a model empathy joy hypothesis that assumes we enjoy other people’s relief at being helped and so we help others because we are rewarding by their happiness. In Smith’s et al’s study on feedback Smith used a phrase ‘helpers high’ claiming that people get satisfaction when they see that the people they have helped feel better. It has been predicted that if we get feedback it encourages helping behaviour. Batson 1991 argues that another factor that determines altruistic behaviour is the similarity to the person who needs help. We are more likely to feel emphatic concern when we a close attachment with the person in need. As the studies were lab experiments, there was the problem of experimental validity, did the participants believe the situation is real. The experiment was conducted in an artificial environment, which makes it difficult to generalise to real situation and therefore the result shave low ecological validity. Also there were the limitations of experimenter – participant relationship, demand characteristics and the outcome could have been due to the participants knowing that they were being observed. Even though the studies have their limitations they have made a radical contribution to psychological research. The results also vary across cultures and so will also depend on the era pf that culture. It can be seen therefore that research into altruism has emphasised the complexity of the motivations and factors involved when deciding to help someone or not. These studies have clarified causes why some people help and why some do not.

Sport Fans

Although many people like sports and watch them on television, few people actually have a strong pride in a team, or really care about how a team does on a competitive game to game basis. To me people can be categorized in three different fan groups. One type of fan is a fair weather fan. They jump from team to team, most likely to which one is winning. Another type of fan is a part-time fan. They really do not care much about any one team, and just watch whoever is on. Finally, there is what I like to call die-hard fans. These fans never miss a game, and route for their team in good and bad times.The first type of fan that I mentioned is a fair weather fan. These are the kinds of fans that never really jump on board with one specific team. They cheer for whichever team might be winning at the time. These fans will usually say that they are routing for whoever the sports critics say will win the championship in that specific season. The next type of fan is what I like to call a part- time fan. These fans really do not have a favorite team, or even like sports period. They will watch a game only if there is nothing else on that they would rather watch.They really do not care who wins or loses. Most of the time these fans do not really know much about the sport that they are watching, or know much about sports in general. The final type of fan that I mentioned is a die-hard fan. These are the fans that truly have a favorite team, and really care about how their team does throughout the season. You will never hear a die-hard fan cheer for any team other than his or her favorite. Die-hard fans are the ones who are tailgating at the games at eight o’clock in the morning, when the game does not start until five or six o’clock at night.They will be the ones that you will see on television with their chests painted in weather that you cannot even imagine being outside in, much less with your shirt off. They truly feed off how their team does throughout the season, if the team is having a good year then these people will rarely ever be unhappy, but if the team is having a bad year then you do not want to cross paths with them. In conclusion, there are many kind of supporter but the truly supporter is die-hard support fans.

Martin Luther Kings Letter From Birmingham Jail - 839 Words

During the Civil Rights Movement in the mid 1960’s one of the most well- known civil rights activist Martin Luther King Jr. was arrested and was placed into a jail in Birmingham Alabama for eleven days (Westbrook 1). Martin Luther King did not commit a crime that was in violation of any law in the U.S Constitution. King was arrested for taking a direct action for the Black community that was harassed and judged every day for there color of their skin. In King’s Letter From Birmingham Jail on the 16th of April 1963 he illuminates the daily brutality on the streets of Alabama, and focuses his argument on the church and christians for ignoring their moral obligation to their community. Christians and followers of God worship the Holy Bible†¦show more content†¦But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest†. There was a very important event that occurred on May 2 1963 that changed the Civil Rights Movement and the event was call The Birmingham Childrens Crusade (Joiner). In this non-violent protest thousands of African American children marched the streets of Birmingham to protest to end segregation. These children were faced by a negative response from the white community and endured many painful brutalities. A Historian from New York University states that â€Å"On the first day of the protest, hundreds of children were arrested. By the second day, Commissioner of Public Safety Bull O’Connor ordered police to spray the children with powerful water hoses, hit them with batons, and threaten them with police dogs†(Gilmore). King thought that by using children instead of adults this would help increase their chance of accomplishing an end to segregation(Joiner). The police treated these children like wild animals and had no respect for them at all; they brutality hurt children for ages to six to eighteen without having the right to do so. In this brutality act the police were illegally harming these children because the childrenShow MoreR elatedMartin Luther Kings Letter From Birmingham Jail1340 Words   |  6 PagesOn April 16, 1963, Martin Luther King Jr. wrote a letter from Birmingham Jail after he had been arrested for nonviolent protests. In this letter he addressed a few of his fellow clergymen who had commented on King’s work in Birmingham and how they perceived it to be â€Å"unwise and untimely.† He told them that he had, in fact, been issued an invitation to help the people of Birmingham and that he was â€Å"compelled to carry the gospel of freedom beyond [his] hometown.† King assured the clergymen that heRead MoreRev. Martin Luther Kings Letter From Birmingham Jail950 Words   |  4 Pages15 November 2017 â€Å"No, baby, no, you may not go, for the dogs are fierce and wild, and clubs and hoses, guns and jails, aren’t good for a little child.† (Allusion - referring to another work to apply symbolic meaning). This quote from â€Å"Ballad of Birmingham† illustrates the horror and cruelty of how African Americans were treated at that time, as no place was safe or free from racism; there was no limits to the violence that came with it. The 1950’s and 1960’s was an era where the Civil RightsRead MoreSummary Of Martin Luther Kings Letter From Birmingham Jail1159 Words   |  5 Pages Martin Luther King lived in a time where Negro people were faced with a multitude of social injustices. King was actively participating in passive protests opposing the laws which upheld these injustices. In his â€Å"Letter From Birmingham Jail† King replies to the criticism of eight clergymen, who called him and his companions extremists and law breakers (King 18 7). In his letter of response, King both shows his disappointment with these men, as well as plead with them to see his side. King wantsRead More Martin Luther Kings Letter from Birmingham Jail Essay1241 Words   |  5 PagesRhetorical Analysis of Dr. Martin Luther King Jr.s Letter from Birmingham Jail In his essay Letter from Birmingham Jail, Dr. Martin Luther King Jr. disproves the assumptions of people that believe racism is acceptable when he compares the maltreatment of blacks to the inhumane treatment of the Jews by Hitler. King establishes a relationship with his audience by connecting on a level that is larger than the exploitation of African Americans rights. He forces his readers to think aboutRead MoreEssay on Martin Luther Kings Letter from Birmingham Jail1176 Words   |  5 Pagestechniques were used to gain the civil rights for the black people in a series of which came the â€Å"Letter form Birmingham jail† written by Martin Luther King himself. Kings Letter from Birmingham Jail was a profound and persuasive written argument which captured the emotions of many people encompassing rigid life experiences, educated observances, and deeply rooted spiritual beliefs. In this letter King freely expressed his position concerning the injustice that black people fa ced in America. Read MoreReaction Of Martin Luther Kings Letter From A Birmingham Jail1061 Words   |  5 Pages â€Å"Letter from a Birmingham Jail† Reaction â€Å"We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.† In 1963, Martian Luther King Jr was protesting for blacks to have equal rights in Birmingham, Al. The city administration found out about these protests and ordered the police to arrest them. Now in jail was confronted by a court and ordered not to protest in Birmingham. In response King wrote what is now known as the â€Å"LetterRead MoreAntigone And Martin Luther Kings Letter From Birmingham Jail831 Words   |  4 Pages54 years ago, and even during the BC ages was it a problem. Dr King’s letter explains how he knew he broke the law by blocking a road, but did it due to the racism and injustices that were happening. In Antigone, she buries her brother even though he was not meant to, and due to she is a female and that she broke the law that was unjust her consequence is to die. Sophocles’ Antigone and Martin Luther Kingâ⠂¬â„¢s â€Å"Letter from Birmingham Jail,† explore a common theme that law sometimes conflicts with justiceRead MoreAnalysis of Martin Luther Kings â€Å"Letter from Birmingham Jail†973 Words   |  4 PagesMartin Luther King Jr, an civil rights activist, fought for the rights of African Americans in 1963. King organized various non-violent demonstrations in Birmingham, Alabama that resulted in his arrest. While in jail, King received a letter from eight Alabama clergyman explaining their distress and opposition to King and his followers actions. This letter occasioned his reply and caused King to write a persuasive letter justifying his actions and presence in Birmingham. Although King’s reply wasRead MoreAnalysis Of Martin Luther Kings Letter From Birmingham Jail925 Words   |  4 PagesIn April of 1963, Martin Luther King, Jr. found himself in a small cell in Birmingham Alabama, arrested for his participation in the peaceful protest of discrimination agains t African-Americans. King firmly believed that non-violent protest, in the form of sit-ins, boycotts, and picketing, would raise awareness of the prejudices African-Americans suffered and, in turn, lead to progress in gaining equal rights between the races. His â€Å"Letter from Birmingham Jail,† which he wrote during his incarcerationRead MoreMartin Luther Kings Letter From Birmingham Jail1707 Words   |  7 PagesThrough the span of Letter from Birmingham Jail (1963) Martin Luther King Jr., makes stretched out implications to various logicians, among them Aquinas and Socrates. His correlation would appear to show that he imparts a liking to them. In any case, the clearness with which he makes his contentions and the commitment to a solitary start strikes most firmly of Kant. Similarly, as Kant s artful culmination, Critique of Pure Reason, endeavored to totally overturn a formerly acknowledged method of