The Power of Fear Illustrated in The Storm Essay

Fear. By definition it is a distressing emotion aroused by impending danger, evil, or pain, whether the threat is real or imaginary. Fear has power, but only when the person feeling it gives it power. In â€Å"The Storm† Janet gives power to her fear, and by doing so, fear masks what Janet should truly be afraid of, leading to the development of her character, the conflicts within her mind, and the overall theme of the short story. Throughout the story, Janet is depicted as a person with a â€Å"pale face with a blunt nose, slender with a childlike figure, and plain.† Because of this characterization it is not difficult to understand her mentality for protection. Janet is insecure about her looks and she constantly questions her actions, even†¦show more content†¦Ã¢â‚¬Å"Then she took herself firmly in hand. She must not let herself go. She must not let morbid fancy run away with her† (Malmar 6). Janet constantly has to convince herself that she is imagining a face in the window, that Ben is coming home soon, and that building a fire will be comforting. These conflicts within Janet’s mind convey the idea that sanity is partially no longer present in her mentality. It is repeatedly questioned whether Janet truly sees a dead body, or whether the fear she felt just presented a mirage to her. The conflict she has with herself helps establish once again who Janet is. She is always craving a vindication that what she is doing is right, and therefore, by arguing with her â€Å"little angel on her shoulder† she constantly battles between instinct and just plain stupidity. â€Å"At first the thought of policemen was a comforting one†¦then she realized it was her cellar, and policemen are suspicious and prying†¦would they thing Ben had done it? The dead woman must be hidden† (Malmar 9). This quote is evidence that Janet borders on asininity. She has come to the conclusion that to call those who cou ld put all this in order are to asinine to call and would lead to the possible imprisonment of her and her husband. The thoughts that she battles over are absurd and unfortunately lead to the insanity that presents itself in Janet. Inner conflicts in this story are what develop Janet and also lead herShow MoreRelatedThe Waste Land By. Eliot1134 Words   |  5 Pagesinfertile world void of water and spirituality. Despite the desert-like setting, there are countless images of water throughout the writing with numerous ways to illustrate them. Water plays many roles in the poem as we see its raw power. It can hurt as well as help. There is also fear of too much or too little. The portrayal of the water shows similar qualities to that of spirituality. The poem links them together to almost flow in the same manner. Water in The Waste Land can then be symbolized to a god-likeRead MoreKing Lear - Tragic Flaw Essay example902 Words   |  4 Pageslandscape that they seem the inevitable conductors of the power about them...great trees more likely to be struck by lightning than a clump of grass. Conductors may of course be instruments as well as victims of the divine lightning.† Tragic heroes are characters of notoriety; held in high regard but are struck with misfortune through their own error. The most noble of men can succumb to their own flaws until driven to the brink of insanity, as illustrated in Shakespeare’s play, King Lear. King Lear representsRead MoreA Tale of Two Cities, by Charles Dickens1420 Words   |  6 Pagesgruesome scene in the cities and country sides of France. Charles Dickens uses a palate of storm, wine, and blood imagery in A Tale of Two Cities to paint exactly how tremendously brutal this period of time was. Dickens use of storm imagery throughout his novel illustrates to the reader the tremulous, fierce, and explosive time period in which the course of events takes place. Dicken’s use of illustrating storms throughout the novel serves the important purpose of showing the reader how the events ofRead MoreShakespeares Use of Language, Imagery and Setting to Illuminate Prosperos Journey from Revenge to Reconciliation1174 Words   |  5 Pagesship at sea caught in a tempestuous storm. This setting would immediately suggest to the Elizabethan audience, the presence of danger and evil, as they would be familiar with other Shakespearian plays where storms have been used in this way, for example, Macbeth and King Lear. The desperate language of the characters in the opening scene would further reinforce the audiences sense of evil afoot. The panic of the Boatswain is illustrated when he cries A plague upon thisRead MoreSublime In Frankenstein Essay1497 Words   |  6 Pagesenthusiasm preponderates over irony [1] . The Castle of Otranto is the first Gothic novel written by Horace Walpole in which the idea of the Sublime is presented through its physical, transcending and overpowering imagery. This experience is also illustrated in Mary Shelley s Frankenstein; both novels explore the idea and concept of the Sublime and show the theoretical notions through its characters and themes conveyed. I will examine the features of the genre by looking at the imagery which is presentedRead MoreAre Miraculous Gifts For Today?1670 Words   |  7 PagesI’m not attempting to lump all cessationist in this category, but I felt Gaffin demonstrated this denial. If cessationist have to diminish the power of the Holy Spirit while attempting to prove their devotion and commitment to God, this is a system that is fighting against itself. Our response to the Holy Spirit should no t be an attempt to reduce His power but to find ways and concepts to understand His ways. Gaffin’s objections were more to the action those who seek to be used by the Holy Spirt thanRead MorePolitical And Present Day Entrepreneurs928 Words   |  4 Pagessucceeded in a very stereotypical industry. Gender stereotypes are also of immense concern, and presented for reader awareness. The pitfalls associated with a tech startup are presented to show the vast complexity in the modern day. Options are illustrated of what an entrepreneur can do when the locale is not conducive to their business development. We summarize with a positive note if the right strategy is employed, anyone can be successful. Entrepreneurship is commonly linked with brick andRead MoreAnalysis Of A Prayer For My Daughter1299 Words   |  6 Pageslater years are best illustrated in the poem, â€Å"A Prayer for My Daughter.† Written in 1919, just days after the birth of his daughter Anne and in the midst of the Anglo-Irish War, the poem lays out the future Yeats wishes for his daughter. It begins with the image of a howling storm making its way to the Thoor Ballylee, Yeats’s home. His child, a newborn in her cradle innocently â€Å"sleeps on† as Yeats paces the room and prays to clear the â€Å"great gloom† (Yeats 90) on his mind. The storm battering on theRead MoreThe Wind As A Powerful Force Of Nature By Percy Bysshe Shelley1502 Words   |  7 Pagesas an inspiration to his writing career as a poet. Shelley’s yearning for the forces of the wind to flutter through his life and his poetry are illustrated through his infatuation with the West Wind, which is the focus of this well structured Romantic poem. Through the poem’s structure, sound, and various elements of Romanticism, Shelley depicts the power of the wind as a parallel to the evolution of his poetry, illustrating what this force of nature can do for himself and his writing. Shelley usesRead MoreThe War I And World War II1195 Words   |  5 PagesIn order to stay in power, however, Napoleon needed to use Stalinist methods to assert control. Much like Joseph Stalin, Napoleon use propaganda and fear to dominate the political component of Animal Farm. As a method of maintaining control over Animal Farm, Napoleon often used propaganda to promote his point of view to the other animals. Twice in the novel’s plot line, Napoleon is seen indirectly using the animals to gain more of a food ration. Squealer, who is illustrated as Napoleon’s right-hand

Employment law Free Essays

string(233) " test and therefore more information would be required in relation to the situation within the employer company, although on the face of it, Norman has a strong argument to support the claim for unfair dismissal against the company\." Abstract There are two employees both of whom are having difficulties with the employer Computer plc (the company). At this initial point, it is noted that both employees have been employed for a period of more than two years and therefore both employees could potentially bring actions for unfair dismissal, or would potentially be eligible for redundancy payment, if either of these situations are deemed to be appropriate[1]. In the case of Norman, he has not actually been dismissed but is facing an increasingly difficult working position whereas Duncan has been dismissed by the company and therefore both situations will need to be dealt with individually and the law applied individually. We will write a custom essay sample on Employment law or any similar topic only for you Order Now Introduction – Norman Norman is employed on a permanent, full-time contract and originally this contract stated that he would be required to work within a specific geographic region. Attempts were made by the management team to change his contract of employment to include a much broader mobility clause, which the company is now seeking to enforce by requiring Norman to move to any other part of the country, originally on a temporary basis, but potentially on a permanent basis. Insertion of Mobility Clause Norman stated that he was unhappy with this new two year contract, but continued to work for the company for a prolonged period of time and therefore it could be argued that he had, by implication, accepted the change of terms. Of particular relevance is the Aparau case[1]. In this case, a mobility clause was inserted into a contract as a change which the employee never accepted but did continue to work for the company for a period of over a year. As the mobility clause has not had an immediate effect on their day-to-day working, the fact that they have continued to work could not be seen as an implied change to the contract, which has been accepted. Based on this, it is argued, in this case, that Norman has not accepted the change to his contract of employment and therefore the mobility clause requiring him to change his location of work to anywhere in the UK would not be applicable to him[2]. Constructive Dismissal The question therefore moves on to consider whether this would be deemed to be a sufficient change of contract that Norman could refuse to work for the company and resign and argue that he had been constructively dismissed, which would potentially give rise to a claim of unfair dismissal. In order for unfair dismissal to be claimed, the individual must necessarily have actually been dismissed, unless there is some action by the employer which is so substantially in breach of the contract of employment that it is reasonable for the employee to consider themselves dismissed. As noted by Lord Denning, constructive dismissal takes place where the actions of the employer are such that the employee can argue that the breach has gone to the heart of the contract and the employee can no longer be held to be bound by such a contract[3]. In order for constructive dismissal to be established, it would be necessary for Norman to show that there had been a repudiatory breach of contract and this is done on an objective basis, meaning that the personal situation of Norman in relation to his wife would not be relevant in considering whether or not the employer has behaved in a way that would be deemed to be in repudiatory breach. Consideration would also need to be given as to whether the actions of the employer were within the range of reasonable responses and given the background to the reason why the vacancy became available in Exeter, there is at least a potential argument that the employer had acted in a reasonable manner by requiring Norman to cover the role of the Exeter sales representative for a period of time[4]. This discussion in relation to the reasonable responses shown by the employer would also be relevant if it came to the situation that Norman was arguing unfair dismissal from his position[5]. Based on the analysis here, it is argued that Norman were to be moved to Exeter on a potentially permanent basis, it could be deemed reasonable that there has been a breach of the contract. Based on this Norman could argue that he had been constructively dismissed, although it would however be necessary to look in more detail at the situation of the employer to see whether there are other sales representatives who may have been available and how reasonable it was to select Norman[6]. Finally, therefore, it would be then be possible for Norman to argue that he had been unfairly dismissed and to establish a schedule of losses which would reflect what he had lost from losing his position with the company[7]. It is probable that the company might argue that Norman had been dismissed for some other substantial reason such as the business needing to have an individual placed in Exeter in order to cover the injured sales representative. It would be necessary to look in more detail at the precise situation within the company and how reasonably it had acted when it came to selecting Norman as the individual to cover the region and whether there would have been other individuals who would be more suitable or more amenable to this transfer. Summary for Norman Based on previous case law, it is argued that the mobility clause would not have been incorporated into Norman’s contract and therefore any attempt to move him outside of the geographic location of his original contract could potentially be viewed as a repudiatory breach and he could argue that he had been constructively dismissed. This would then allow him potentially to bring an action under unfair dismissal, if he could show that the employer had behaved in an unreasonable manner towards him. This would be both an objective and a subjective test and therefore more information would be required in relation to the situation within the employer company, although on the face of it, Norman has a strong argument to support the claim for unfair dismissal against the company. You read "Employment law" in category "Essay examples" Introduction Duncan As was also the case with Norman, Duncan has been employed by the company for a period of more than two years and therefore has protection from being unfairly dismissed. Duncan has been subject to a disciplinary procedure in relation to his performance and has been more recently dismissed as a result of having alcohol in his blood system after a lunch time trip to the pub. However, a complication has arisen in relation to this latter issue, as it became apparent that he was spiked by another employee and did not knowingly consume alcohol. The key issue here therefore is whether or not Duncan has been fairly dismissed and whether the company has followed the necessary disciplinary procedures in order to effect his dismissal[8]. Unfair Dismissal The main statutory provisions which are relevant in this regard are contained within the Employment Rights Act 1996 which lays out the rules in terms of determining whether or not the dismissal is fair or not (Section 98). The requirement is put on the employer to show the reason for the dismissal and to show that the reason is fair or potentially fair. In this case, it is stated that Duncan was dismissed due to alcohol having been found in his blood system, something which is deemed to be gross misconduct in accordance with the contract of employment. On the face of it, therefore, and based on the case of Abernethy[9], an argument could be presented by the employer that, based on the facts which were known to them at the time of the dismissal, it is reasonable and fair to dismiss Duncan. However, a difficulty emerges with this argument being presented by the company, due to the fact that the company had been made aware of the events which led up to Duncan testing positive for alcohol and the fact that he had been spiked by his colleagues. Although it is noted that there have been concerns in relation to Duncan’s performance at work and he has been subject to several meetings in relation to this, the facts here indicate that Duncan was in fact dismissed by virtue of his alcohol intake. The position would be different if the company had gone through an informal process of attempting to improve the performance of Duncan and had ultimately dismissed him on the grounds of conduct and performance, but this is not the case and the issues here revolve around whether or not his dismissal for gross misconduct of having been drinking during a lunch break was on balance, fair and reasonable. Case law has argued that determining whether or not there has been an incidence of gross misconduct which would justify the dismissal of Duncan is a mixture of both fact and law[10]. Although it is stated that consuming alcohol is deemed to be gross misconduct, when applying this to the facts resented here, there is a strong argument that the reasonable response from an employer when faced with these facts would not be deemed as being gross misconduct, because the individual had not willingly consumed alcohol and therefore it would be potentially unreasonable for the employer to dismiss on this basis. This is particularly relevant when considered alongside the fact that the individual who undertook the spiking is not facing any form of disciplinary action. Disciplinary Procedure A further issue has emerged regarding the way in which the disciplinary procedure was undertaken, as Duncan was told that there would be no point in appealing his dismissal. This raises the question as to whether or not the ACAS code has been followed and failure to follow this code could result in an uplift of compensation for Duncan, if he is found to have been unfairly dismissed[11]. When a tribunal is faced with the decision as to whether or not an individual has been fairly dismissed, it will look not only at the reasons for dismissal but also if there are multiple reasons. Each individual reason will then be looked at to see whether the employer has acted reasonably, based on all of the information available. It is this latter issue that potentially presents Duncan with the best opportunity to argue that his dismissal was unfair as, by refusing to take into account the fact that he did not willingly consume alcohol and this has now been proven by the confession of his colleagues, it could certainly be argued that to consider him for gross misconduct would be unreasonable[12]. The test in this case was laid out in Burchell which is to look at what the employer reasonably believed at the point of dismissal; therefore, as it had not been made apparent that Duncan had not voluntarily drunk alcohol, there may have been some argument that the employer could have pre sented that it had acted fairly. Despite this, and with reference to the facts presented here, it is suggested that the dismissal of Duncan for consuming alcohol which he did not voluntarily consume, with no reference made to the individuals who spiked his drink, would not be deemed to be a reasonable reaction and the dismissal would therefore be deemed to be unfair. By refusing to allow an appeal to take place, this would be in breach of the ACAS disciplinary codes and this would potentially result in an uplift of up to 25% on the compensation awarded[13]. Summary for Duncan Although Duncan was subject to disciplinary procedures in relation to his performance the issue that has been raised here is in relation to gross misconduct by virtue of alcohol consumption. There is reasonable evidence to suggest that dismissing Duncan because of the consumption of alcohol would not be a reasonable reaction from his employer, based on the evidence that has been provided in relation to the fact that Duncan was in fact spiked. Failure to allow him an appeal was also a potential difficulty for the company and could result in an uplift of the compensation being received. References Abernethy v Mott, Hay Anderson [1974] ICR 323 Allders International Ltd v Parkins [1981] IRLR 68 Aparau v Iceland Frozen Foods plc [1996] IRLR 119 Bell, A (2006) Employment Law. Sweet Maxwell p.137 Bournemouth University Higher Education Corporation v Buckland [2009] IRLR 606 British Home Stores Limited v Burchell [1978] IRLR 379. Burnett, S and Holland, J (2012) Employment Law 2012, Oxford University Press, p.227 Collins, H (2010) Employment law. Oxford University Press p.167 Emir, A (2012) Selwyn’s Law of Employment, Oxford University Press, p.509 Employment Act 2008 Employment Rights Act 1996 Iceland Frozen Foods Ltd v Jones [1982] IRLR 439 Sandwell West Birmingham Hospitals NHS Trust v Westwood UKEAT/0032/09 Western Excavating (ECC) Ltd v Sharp [1978] ICR 221 How to cite Employment law, Essay examples Employment Law Free Essays Introduction This report will outline key arguments surrounding contemporary debates on UK employment law, which will provide a critical analysis from those that argue there is too much legislation and those that suggest there is not enough. It is beyond the scope of this report to generalise on employment law as a whole; it will therefore focus on the right to request flexible working, such as under the Employment Act 2002 and The Work and Families Act 2006 that has been subject to various reforms, amendments and regulations. This legislation has formed a significant debate as to whether such interventions ensure that individuals achieve a work-life balance, promote efficient working practice or create an unnecessary burden on UK businesses (Chartered Institute of Personal Development (CIPD), 2005, British Chambers of Commerce (BCC), 2010). We will write a custom essay sample on Employment Law or any similar topic only for you Order Now This analysis will also look at the introduction of new employment legislation for flexible working, and discuss the impact on working practices today, with a glance toward the shape of new legislation in the future (Chartered Management Institute (CMI),2008). Findings Background and Context The last three decades have seen a trend toward increasing employment legislation. At the same time the United Kingdom (UK) still has lower levels of employment protection and more labour market flexibility than other European states (Keter, 2010). The flexible market in the UK was inherited through the general laissez-faire attitude, where industrial labour and relation laws have been less state regulated than other European countries (Biagi, 2000). Keter (2010) suggests that today’s flexible market is also the result of more recent trends, which from 1979 saw the introduction of more labour regulations in terms of statutes enacted, but with the aim of setting labour free of interference from state control and what was seen as unnecessary social partners, such as trade unions (ibid). The introduction of a New Labour administration however saw a shift toward more family friendly employment legislation. A European directive from 1997 (European Council Directives 97/81/EC and 98/81/EC) provided that part-time workers be entitled to the same rights as comparable to full-time employees. The directives required European member states to implement laws, regulations and provisions to eliminate discrimination against part-time workers. The aim was to facilitate the development of part-time and other working time arrangements, that were flexible and met the needs of both employers and employees (Danzinger Waters Boots, 2008). In order to promote citizens full participation in the labour market, the enactment of The Employment Relations Act 1999, while continuing to ensure that labour relations were free of state control, provided a floor of rights, such as increased rights for fixed and part time workers, (Biagi, 2000). Along this trajectory, the Employment Act 2002 introduced legislation providing employees with young or disabled children the right to request flexible working arrangements by their employers, that was subsequently extended in The Work and Families Act 2006 to allow the same rights for carers of adults (Davies, 2011). Lewis and Campbell (2007) suggest that New Labour’s concern with promoting a ‘work-life’ balance underpinned it’s ideological approach to welfare, that saw active citizenship for all achieved principally through labour market participation (Levitas,2005). For all to participate, legislation has provided for the extension of childcare services and ma ternity leave and the introduction of parental and paternity leave. Further, rather than reducing working hours, the Labour government promoted the right to request flexible working hours as a way for families to manage their working patterns with their caring responsibility timetables (Busby and James, 2011). Hill et al (2001) describe flexible working to include activities such as; part-time, job sharing and homeworking or any variation outside of working the traditional nine until five working day. For example, working from home, where such practices are facilitated due to advances in mobile technologies (Civicus, 2008). Lewis Cooper (2005) argue that although in principle flexible working can take many forms, in reality, the main flexibility that UK employers offer is a reduction of working hours. From an employer’s perspective, employment legislation can also be seen as promoting the creation of work patterns and arrangements in order to maximise employment productivity, customer satisfaction and staff efficiency (Pettinger, 1998). This demand, Pettinger suggests, has come about as a result of the expansion of global markets, competition and choice, pressures on resources and increasing customer demands, together with changing patterns of consumption (ibid). Therefore, Pettinger (1998) suggests that against this backdrop, flexibility can be seen as a corporate attitude, whereby a fully flexible labour market is seen as generating a more effective workforce. Faulkener (2001) argues that while it is recognised that it is the above drivers that have influenced the development of flexible working practices, there is also another important agenda. Here, Jones and Jones (2011) identify that family friendly legislation is more representative of the ‘business case’ for flexible working legislation, which revolves around the identification of recruitment pools, particularly women, and the older population, who have yet to be fully exploited (Faulkener, 2001, Jones Jones,2011). Arguments Against more Employment Legislation According to a British Chambers of Commerce (BCC) (2010) report on employment regulation, a survey of British businesses see an emerging consensus that the proliferation of legislation providing flexible working conditions has become increasingly problematic. The report argues that the shift from the regulation of collective bargaining to individual employment contracts, later evolving into the volume and complexity of statutory legislation today, has led to difficulties with understanding and compliance (ibid). The report specifically attacks the piecemeal legislative approach to flexible working shown by the latest introduction of laws and regulations (see Appendix 1) According to the BCC (2010), such an approach has been criticised by businesses. The problem for companies is that constant changes in the law mean that employers must incur the cost of familiarising themselves as each new law is enacted, where there is a greater risk of mistakes. As a result, businesses need to bring their knowledge up to date since the previous change in the law, such as through employment law books and guides or paying for legal advice. Consequently, the report argues, employment legislation can act like a tax, by raising costs (ibid). The Department of Trade and Industry (DTI) (2006) argue further that even if there is a belief that the increase of employment law can improve the flexibility of the labour market, there are still questions as to whether such legislation is fit for purpose. Against a backdrop of increasing employment legislation, a National Audit Office (2009) research paper also casts doubt over whether governments are able to understand business e nough to design effective legislation. The BCC (2010), representing one hundred thousand businesses, suggest that due to the volume and complexity of employment legislation, in particular small and medium-sized enterprises (SMEs), now need professional legal advice to settle disputes. In reality, the BCC argue, it is less expensive to settle disputes with the employee and prevent reputational damage than it is to defend a claim. The BCC therefore recommends streamlining and reducing the amount of legislation, for example, in a similar way that the anti-discrimination laws became consolidated by the Equality Act 2010 (ibid, 2010). Despite such criticisms, not all the findings in the business sector are negative. According to a Chartered Institute of Personal Development (CIPD) Survey Report (2005), who surveyed Human Resources professionals from over six hundred companies, the majority saw employment law as making a positive contribution to their businesses. This research suggested that the main barrier to effective implementation of employment law is the perception that there is too much employment legislation (ibid). In response, the Annual Employment Law Review by the Department for Business Innovation and Skills (BIS) (2012) aims to tackle perceptions that there are ‘too many’ employment laws, through lobbying for reform, while ensuring that reforms are not at the expense of compromising fairness for individuals. The report argues that although businesses complain about the amount of employment legislation, in reality the UK has one of the most lightly-regulated labour markets among developed countries. Only the United States and Canada have lighter overall employment regulation (OECD Indicators of Employment Protection, 2008: cit in: BIS, 2012). Arguments in favour of more Employment Legislation The UK’s ‘light touch’ employment regulations may be reflected in their flexible working legislation. The right to request flexible working does not enforce employers to comply with individual requests, only to offer the procedures for them to do so. It is therefore argued that it is individuals (particularly with dependents) and the social organisations who support them, who favour increasing employment legislation, in order to provide fairness at work that ensures a work life balance (Burnett et al, 2012). In a 2012 report by Working Families and One Plus One, Happy Homes and Productive Workplaces, from a sample of over two thousand respondents, nearly eighty percent of respondents felt that flexible working was the most beneficial working arrangement (Burnett et al, 2012). However, the report argued that in order to support flexible working, further legislation was needed in order to promote arrangements that are mutually beneficial and embedded as a culture of flexibility, rather than an approach that manages requests as an exception to the norm (ibid). Along with relationship and family support organisations, a growing number of business and HR associations support further employment legislation and reform to push forward the benefits of flexible working (CIPD, 2013). Drawing on the findings of the 2011 Workplace Employment Relations Study (WERS) the CIPD suggest that employment legislation needs to increase, due in part to a lack of effective mechanisms to tackle labour relations. The report points to recent socio-economic and political changes in the UK where an increase in employment law is becoming ever more essential. For example, the facilitation of employment legislation during the 1980’s and 1990’s discouraged union membership and reduced collective bargaining powers. This is reflected in the WERS study, in 2012, which shows very low levels of employee engagement in collective bargaining, only six percent in privat e businesses, with fourteen percent of employee trade union membership in the same sector (Wanrooy et al, 2011). The near absence of collective bargaining, although removing employer constraints on freedom of action, raises concerns over employee voice, where employment legislation may be seen as an attempt to close this gap (CIPD, 2012). Danzinger and Waters Boots (2008), argue that in reality flexible working legislation does not go far enough. Unions and parent advocacy groups argue that many workers who would benefit from flexible arrangements do not ask for them out of fear of being refused, or because of a fear that asking may jeopardise their careers. Research suggests that employees will only ask for flexible work if they believe their requests will be approved. It is also argued that flexible working legislation may reinforce gender inequalities by linking flexible work and care responsibilities, reinforcing a ‘mother career track’ that pairs women with demotions of pay and position. Further, unfair dismissal claims, involving refusal of flexible working, tend to favour women, who can rely on anti-discrimination legislation, such as in Adedeji v The City of London Corporation (2007) (see Appendix 2), in order to strengthen their claims (ibid). Future Changes to Flexible Working Legislation New flexible working employment legislation to come into effect in 2014 appears to address some of the above criticisms. The government plans to extend the statutory right to request flexible working arrangements to all employees (with over twenty-six weeks service) whether they are a carer or not. This removes the present requirement that the employee must have caring responsibilities. In addition, the procedure for considering flexible working requests, which is currently very prescriptive, will be relaxed and employers will instead be required to consider requests in a ‘reasonable’ manner and within a ‘reasonable’ time frame (ACAS, 2014). Currently, it is possible for an employee to claim compensation due to the employer’s failure to comply with the procedures laid down in the Flexible Working (Procedural Requirements) Regulations 2002. In Bryan v Corporate Advertising Ltd ET/2105111/10, although the tribunal rejected Mrs Bryan’s claim that she was constructively dismissed and subjected to indirect sex discrimination, it was however held that the company had breached the procedures laid down by the 2002 Regulations. This procedural breach may no longer by relied upon under the 2014 legislation. However, successful claims may still be used under anti-discrimination legislation. In Commotion Ltd v Rutty [2006] IRLR 171 (EAT), it was upheld that the employee had been subject to constructive unfair dismissal and indirect sex discrimination, due to the employer’s failure to have any lawful reason to reject flexible working conditions. However, in Winfindale v Debenhams Retail plc (ET/2404134/10, 20 Aug 2010), it was held that there was no indirect sex discrimination where an employer showed that they took seriously a request to return from maternity leave on a part-time basis to a manager’s role. According to a Equality and Human Rights Commission report (2009), proposed changes in flexible working legislation will continue to fail to encourage workers in management positions to request flexible arrangements (EHRC, 2009). The report suggests that under current legislation, employee’s in management positions are less likely to make a request for flexible working, and when they do, they are less likely to succeed (ibid). In the government’s Consultation on Modern Workplaces Report (2012), it is argued that current legislation that prioritises certain groups reinforces the idea that flexible working is only for those in caring roles, whereas the aim of the new legislation is to promote a culture where flexible working is a legitimate ambition for all employees (HM Government, 2009). Although the legislation proposes to ‘allow’ but not ‘require’ employers to prioritise competing requests, employers will continue to have to show that all competing requests cannot always be accommodated, in their entirety, on business grounds (ibid). Drawing on the CIPD report (2005), a large majority of employers find compliance with the current legislation relatively straightforward. Of those who have had problems, the main barrier to compliance is that managers find it difficult to manage employees on different flexible working arrangements. Given that the new legislation attempts to widen the right to request flexible working to all employees, employers may face an increased challenge to accommodate competing requests. However, according to the same report, since the introduction of the current legislation, less than one-tenth of employers have faced grievance or disciplinary proceedings, or an employment tribunal claim. Further, research shows that it is large multi-national companies that benefit most from flexible working arrangements. Among those benefits are improvements in staff retention, improved morale and a reduction in costs (CIPD, 2005). These reported benefits need to be balanced against arguments that oppose mor e legislation promoting flexible working (ibid). More significantly, the statutory provision to enable greater flexibility in the workplace looks set to increase in the future. In a recent report, Management Futures – The World in 2018 (2008), the findings predict that organisations will become more virtual, the premium for talent will increase, with new aspirations and ambitions of a multi-cultural, widely dispersed workforce (Chartered Management Institute (CMI),2008). Conclusion This report has attempted to provide an insight into the contextual background surrounding employment laws in the UK today. The focus on flexible working legislation may be seen as a salient debate, given the competing claims from employers, employees and the organisations that support them (Burnett et al, 2012). At the same time, against a backdrop of socio-political and economic changes there has been an increasing legislative response to address both the rights of individual workers and a drive to improve competition, efficiency and development in the market (Pettinger, 1998). Given the predictions of further changes in the labour market, statutory provision looks set to increase in response. The debate for or against increasing legislation surrounding flexible working therefore needs to be balanced with the benefit to both businesses and the rights of individuals (CIPD, 2005). Word count: 2644 Bibliography Advisory, Conciliation and Arbitration Service (ACAS) (2014) Employment Law Update. Available [online] from: http://www.acas.org.uk/index.aspx?articleid=3909 [Accessed on 4th January 2014] Anderman, S.D (2000) Labour Law:Management Decisions and Workers Rights:4th Edition. Oxford: Oxford University Press British Chambers of Commerce (BCC) (2005) Employment Law: Burden or BenefitBCC Available [online] from: http://www.britishchambers.org.uk/ [Accessed on 4th January 2014] British Chambers of Commerce (BCC) (2010) Employment Regulation: Up to the JobMarch 2010. Available [online] from: http://www.thamesvalleychamber.co.uk [Accessed on: 4th January 2014] Biagi, M (2000) Job Creation and Labour Law: From Protection Towards Pro-action. The Hague: Klvwar Law International Burnett, S Coleman, L, Houlston C, Reynolds, J (2012) Happy Homes and Productive Workplaces: Summary Report of Research Findings. Available [online] from: http://www.oneplusone.org.uk [Accessed on: 4th January 2014] Busby, N James, G (2011) Families, Care-giving and Paid Word: Challenging Labour Law in the 21st Century. Cheltenham: Edward Elgar Publishing Ltd Chartered Institute of Personal Development (CIPD) (2012) Flexible Working Provision and Uptake Survey Report. May 2012. Available [online] from: http://www.cipd.co.uk/binaries/5790%20Flexible%20Working%20SR%20(WEB2).pdf [Accessed on: 4th January 2014] Chartered Management Institute (CMI) (2008) Management Futures: The World in 2018. CMI. Available [online] from: http://www.managers.org.uk-research-policy-published-reports [Accessed on 4th January 2014] Civicus (2008) Strategic Directions 2008-2012 World Alliance for Citizen Participation Available [online] from: http://civicus.org/downloads/SDConsultation/Annex%209%20-%202008-2012%20CIVICUS%20Strategic%20Directions.pdf Danzinger, A Waters Boots, S (2008) Memo on the Impact of the United Kingdoms Flexible Working Act. Georgetown: Georgetown University Law Centre Davies, A (2011) Employment Law and Workplace Law Handbook: Human Resources. Cambridge: Workplace Law Group Ltd Department for Business Innovation and Skills (2012) Employment Law Review – Annual Update 2012. Available [online] from: http://www.gov.uk/government/uploads/government/publication [Accessed on 4th January 2014] Department of Trade and Industry (dti) (2006) Employment Flexibility and UK Regional Unemployment: Persistance and Micro-economic Shocks. Employment Relations Research Series No.65. Available [online] from: http://www.berr.gov.uk/files/file36144.pdf [Accessed on 4th January 2014] Equality and Human Rights Commission Report (2009) Flexible Working Policies: A Comparative Review. Research Report 16. Available [online] from: http://www.equalityandhumanrightscommission.com Faulkner, F. 2001 ‘The technology question in feminism: A view from feminist technology studies’, Women’s Studies International Forum, Vol. 2, No.1, pg.79-95. Hill, E.J., Hawkins, A.J., Ferris, M. Weitzman, M. 2001. ‘Finding an Extra Day a Week: The Positive Influence of Perceived Job Flexibility on Work and Family Life Balance’ Family Relations, 50(1): pg.49-58. HM Government (2012) Consultation on Modern Workplaces, Modern Workplaces – Government Response on Flexible Parental Leave. November 2012. HM Government. Available [online] from: https://www.gov.uk/government/consultations/consultation-on-modern-workplaces/ [Accessed on 4th January 2014] Honeyball, S (2008) Honeyball and Bowers Textbook on Employment Law:10th Edition. Oxford:Oxford University Press James, G (2006) The Work and Families Act 2006: Legislation to improve choice and flexibilityIndustrial Law Journal. Vol:35,issue 3 pp: 272-278 Jones, K Jones, E (2011) Flexible Working Practices in the UK:Gender and Management Perspectives. Women in Society, Vol 2 Autumn 2011Available [online] from: http://www.newport.ac.uk/research/Journals/wis/vol2/Pages/default.aspx [Accessed on 4th January 2014] Keter, V (2010) Issues in Employment Law: Key Issues for the New Parliament 2010. House of Commons Library Research, Social Reform. Available [online] from: http//wwwParliament.uk/document/key%20issues%20in%employment. [Accessed on: 4th January 2014] National Audit Office (2009) Complying with Regulation: Business Perceptions Survey 2009. Available [online] from: http://www.nao.org.uk/publications/0809/complying_with_regulation.aspx Painter, R Holmes,A (2008) Cases and Materials on Employment Law. Oxford: Oxford University Press Pettinger (1998) Managing the Workforce. London: Cassell Trade Union Congress (TUC) (2008) Changing Times Newsletter No.92 13th February 2008. Trade Union Congress. Available [online] from: http://www.tuc.org.uk/welfare-and†¦issues/†¦/changing-times-newsletter-no.92 Wanrooy,B, Bweley, H, Bryson,A, Forth,J, Freeth,S, Stokes, L, Wood,S (2011) The 2011 Employment Relations Study:First Finding. London: The Workplace Employment Relations Study. Available [online] at http://www.gov.uk/13.1010.WERS-first-findings-report-third-edition [Accessed on: 4th January 2014] How to cite Employment Law, Essay examples

The Grapes Of Wrath Description Al free essay sample

The Grapes Of Wrath: Description Al Joad And The Setting Essay, Research Paper The Grapes of Wrath: Description Al Joad and the Setting Al Joad is a reasonably scraggy cat of medium built who starts out being a cocky, egotistic character. His lone justifiable ground for moving cocky is that his brother, Tom, killed a adult male and went to imprison. Al respects his brother and thinks of him as a adult male for holding killed another adult male. The fact of the affair is that Tom was merely moving in ego defence. After a adult male came after Tom with a knife, Tom hit him over the caput with a shovel, and killing him in the procedure. Al would have complements all over town from people who recognize him and being the brother of a adult male that was a slayer. Equally shortly as Tom Joad comes place from prison, Al is a changed individual. We will write a custom essay sample on The Grapes Of Wrath Description Al or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He is no longer cocky and he about resents his brother coming home so shortly. As the Joad household is forced to go forth their place land and travel to California, Al takes on a great duty. His occupation is to drive the household and take complete attention of the truck that they are driving. Al takes his occupation really earnestly and gets disquieted when anything happens to the auto. Emotionally, I would state Al has become really strong throughout the novel . He starts out reasonably depend on the â€Å"glory† of his brother, but he takes his duties earnestly. I see Al as being a crucial character subsequently in the novel. He is the sort of individual that needs motive from the start, but one time he gets traveling, he won # 8217 ; t halt. Puting Description Oklahoma could best be described as one big dustbowl. All rain has ceased to fall. The dry air current wisps through the air and gathers dirt. If you listen closely plenty, it sounds as though there are people groaning whenever air current is present. The heat is so humid that any beginning of H2O is dried up, and the workss wither off. All of the maize harvests are gone every bit good as all other harvests. The soil is like sand ; it has no wet or fertilisation. It is grainy and difficult as though no H2O has of all time moistened it. Day after twenty-four hours, storm clouds can be seen lingering overhead. You could curse it would rain any minute, but it neer does. The humidness merely increases and the all right dust atoms become portion of the air ; which merely makes things worse. Not merely is it unbearably hot, but it is awfully hard to take a breath. Life can non be in such intolerable conditions. For this ground, life moves on and foliages behind the elephantine dustbowl.