Contract of Service or Contract of Employment Research Paper

Contract of Service or Contract of Employment - Research Paper Example In another recent case namely Express and Echo Publications Ltd v. Tanton (1999), the Court of Appeal held that if a person is not required to work personally, he was not an employee. In yet another case of 2001, MacFarlane v Glasgow City Council (2001), the Employment Appeals Tribunal distinguished the above Tanton case. The Glasgow City Council had engaged gymnast trainers at the various centres of the council. If a trainer was unable to take a class, she could substitute herself by another gymnast who was on the approved list of coaches maintained by the council. The substitutes were paid by the council and not the gymnast trainer. In Tanton case, the substitute could be from outside and he was paid by the individual and not the employer. Thus he was not expected to turn up for work and could send a substitute for a lesser price and make a profit out of it. He himself became the master. In an earlier case of O’Kelly v Trusthouse Forte Plc (1983), regular casuals were held t o be not employees since there was no mutuality of obligation and they were only kept as standby. Although the court of Appeal tried to give a finding that they were employees, since they had no business of their own, that the employer had effective control over the casual workers, that there were discipline and grievance procedures, that they should take permission to take off from rostered duties, the fact that they were self-employed, revealed that there was no mutuality of obligation i.e the workers did not have the right to claim work if not offered nor they were under obligation to accept work if offered with work.

IMPROVING BUSINESS Performance 2 Essay Example | Topics and Well Written Essays - 3000 words

IMPROVING BUSINESS Performance 2 - Essay Example Each division is independent of the others and does have its own profit and loss account besides their own balance sheets. Each division’s balance sheet and profit and loss and account are then merged with the others to form a single balance sheet and profit and loss account for the group’s final accounts. Due to the problems brought about by some internal factors in each division, the most recent final records for the company show a turnover of 700 million pounds and a pre-tax profit of 35 million pounds. This compares dismally to the previous years when the amalgamated records were better than this (Dresner, 2008, p. 78). Pipework Plc has great potential as far as its business model is concerned compared to what the market and its competitors. Its diversity in both the drainage and boilers businesses give it an edge on the competition where most of the companies competing with it. There are several areas that this company can improve to gain even a greater edge in the three business divisions it focuses on. These improvements all aim at ensuring that the business outdoes the rest while improving its operations in the pipes and boilers businesses. Some of the areas to be improved include; The Stores Function – the stores function is one of the main areas to focus on for Pipework Plc. The fact that it has an excellent employee by the name of Wise does not make it indomitable since there are many problems associated with the division. There is the case of its budget for further training of its personnel always being rejected in favor of other divisions. There is also the stock turn on materials that is poor. If the correct methods are used, this area will have less problems and more contribution to the firm’s well being (Baxter and MacLeod, 2007, p. 74). Transport – this department has great potential if only the correct procedures are followed and the United Kingdom and European Law are followed. Drivers would be more transpar ent as to the number of hours worked and thus their correct remuneration. Engineering – this department is quite fine in its operation save for the lengthy period required to churn out a new product. If this time is reduced by half, it would match that of Pipework Plc’s main competitor and generally improve the business. Sales and Marketing – this department of the company does quite well since it has ensured a great market presence for the company though its personnel and the department’s head. It should be known though that there is need to reduce the number of days and the general amount of time used to process orders from customers. Finance and Administration – this department needs to follow the required accounting procedures and reduce the number of days taken to clear invoices to ensure a more transparent department (Andersen, 2007, p. 100). Personnel – the fact that Lynette promotes those under her division based on personal observat ions raises questions as to the validity of these promotions. Payments and rewards for staff should also be normalized to eliminate unnecessary disparities. The widespread favoritism should also be eliminated to allow for a harmonious motivation of the department and the company as a whole. PIPEWORK PLC With the correct methods in place, Pipework Plc is poised to make the most of its market presence and get better returns on its investments. As identified above, there are several

The Stigma of Mental Illness: Undiagnosed and Untreated Essay -- Isolat

Madhouses, looney bins, insane asylums, monsters, witches, and lunatics. These are the terms that haunt both the mentally ill and the facilities that provide their treatment. The stigma of mental illness prevents persons in need of treatment from seeking help for their mental illnesses. The roots of the stigma of mental illness need to be dissected to reduce the discrimination, prejudice, and stereotyping of the mentally ill. There are things that can be done to prevent this stigma including changes in federal policy, public cooperation, and individual advocacy. 1. HISTORICAL CONTEXT Civilizations have tried to cure the mentally ill since prehistoric times. Often it was believed that these people were victims of possession by demons, or were witches. Doctors Eric Snitchler and Kevin Harris from Northern Illinois University noted that â€Å"Archeologists have uncovered skulls with holes drilled in them dating back as far as 8,000 B.C†¦the holes may have been drilled into the skull as a means of releasing ‘evil spirits’ that were trapped inside the head causing abnormal behavior.† This surgery, referred to as trephining, is still practiced by some African tribes today. In the Middle Ages, Europeans left the mentally unstable alone unless they proved to be dangerous. In the 1600s Europeans began to isolate the mentally ill. They treated them poorly and chained them to walls and left them in dungeons. After the French Revolution, some establishments were reformed and patients were given more freedom and more pleasant living conditions; however, many people were still mistreated. In America, the mentally ill were locked up with criminals and hidden from the outside world. By the late 1800s, many state psychiatric hospitals were ... ...al. â€Å"The ‘Backbone’ of Stigma: Identifying the Global Core of Public Prejudice Associated With Mental Illness.† American Journal of Public Health 103.5 (2013): 853-860. Business Source Premier. Web. 3 Feb. 2014. Shrivastava, Amresh, et al. "Clinical Risk of Stigma and Discrimination of Mental Illnesses: Need For Objective Assessment and Quantification." Indian Journal of Psychiatry 55.2 (2013): 178-182. Academic Search Complete. Web. 10 Feb. 2014. Snitchler, Eric, and Kevin Harris. â€Å"History of Abnormal Psychology.† Online Posting. Northern Illinois U, Spring 2002. Web. 28 Feb. 2014. "Timeline: Treatments for Mental Illness." PBS. American Express, 2002. Web. 28 Feb. 2014. Vogel, David L., Nathaniel G. Wade, and Shawn Haake. "Measuring the Self-Stigma Associated with Seeking Psychological Help." Journal of Counseling Psychology 53.3 (2006): 325- 37. Print.

Fevicol

Fevicol was launched in 1959 and has a long history as a brand used exclusively by carpenters. It later moved into the everyday use category. The campaign, developed by Ogilvy & Mather, was initially aired across the country in teaser poster ads and prints. The advertisements are created in the old traditional Indian cinema poster style, with ‘hand painted’ graphics and vivid colors. The ad takes on the form of a mini movie with a father dressing up his daughter as a male character for a skit. To complete the look, he glues on a moustache with a drop of Fevicol. Unfortunately for his daughter, it stays in place for good. The moustache is with her through good times and bad, until her very last breath. A baby with a moustache is born the moment she passes away as a nod to the concept of reincarnation. Piyush Pandey, executive chairman and CD for South Asia at Ogilvy & Mather was initially tasked to develop a campaign for another brand under the Pidilite umbrella, Fevitite. â€Å"Fevitite is too small a brand for a big idea like this. Take the money all over again and shoot it for Fevicol, and that was the beginning of everything. † Ogilvy & Mather has turned a brand that does not immediately lend itself to creativity into an advertising legend over the past five decades. Work for the brand has scooped 99 awards over the past twenty years. â€Å"To be honest, we didn’t have a clue about the brand aspect when we started out, back then. Piyush happened to us, and I would say 1988-1999 was when the big leap took place,† said Madhukar B Parekh, managing director of Pidilite Industries.

How Does Obedience Affect The Working Relationship Between...

It has been over 40 years since Stanley Milgram s famous experiments on obedience. The topic of obedience has been explored for centuries and there continues to be more to learn. Why do people obey authority? Are some groups of people more prone to obey authority than others? Does the environment play a role in how far people go to obey orders? These questions were asked after the actions of Germany during World War II (Houghton 2009). The situationist perspective and bad barrel theory are basic theories of obedience. The situationist perspective claims that people will neglect their dispositions if placed in a powerful enough situation (Houghton 2009). The bad barrel theory, coined by Philip Zimbardo, says that if you put people in a bad situation, the situation can take over (Houghton 2009). Stanley Milgram s shock experiment and Philip Zimbardo s Stanford Prison Experiment are two popular experiments of obedience. How does obedience effect the working relationship between doctors and nurses? Is there a tipping point in which nurses refuse to carry out the doctor s orders? Is there a point where doctors refuse to work with nurses that question them? Does gender play a role in this working relationship? If so, how? Physicians know their professional status, but are aware that it is favorable for them to treat nurses with respect and acknowledge them as a valuable team member of the health team (Devine 1978). Nurses reported they felt that doctorsShow MoreRelatedMilgrams Research on Obedience811 Words   |  4 PagesMilgrams research on obedience: how and why it can help student nurses The report aims to: Describe the main aspects of Milgrams study on Obedience Explain why and how this research can be used to help prepare student nurses for working on hospital wards Contribute to the understanding of some of the challenges nurses may face in their working practices Background Stanley Milgram, a psychologist from Yale University, conducted a series of experiments on obedience to explain some of theRead MoreThe Changing Role of the Nurse2911 Words   |  12 PagesThe focus is the on the changing role of the nurse and why this has happened You have to chose an example from your own practice to describe and explain its relevance to practice boundaries between doctor and nurses , EXAMPLE BLOOD TAKING, SET IV BRANULLA You need to utilise relevant theories and concepts from the module, reference your work and include Malaysia code of conduct.You have to summarise the main issues and consider implications that the changing role has for your role, the professionRead MoreCollegiality: Attribute, Theory or Impossibility?3600 Words   |  15 PagesMerriam-Webster dictionary as the cooperative relationship of colleagues. 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Kesey described himself as ‘’comfortable with {his} identity and masculinity’’ as he understood he was too young to be a beatnik, and too old to be a hippie’’ and so hisRead MoreCommunication And Health And Social Care9509 Words   |  39 Pagesbased or of ideas that are suggested to explain a fact or event or, more generally, an opinion or explanation. (Cambridge Dictionary, 2014) In health and social care settings effective communication between professionals and patients is essential, as a result, it is imperative to understand theories of how people learn and develop in order to apply this to enhance communication. Theories of learning are 1) Classical conditioning (involuntary behavior) where learning is by association (Pavlov, 1927)Read Moreethical decision making16006 Words   |  65 Pageshealth nurses in each district were asked to select patients for the medication program. 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Implementation of a Gym - 9012 Words

Project Management 2nd half-semester Spring 2011 Group Project Management Opening a Gym MSc in Management9th May 2011 | Table of Contents 1. Introduction 2 Motivations 2 2. Teamwork in Project Management 2 Challenges and responsibilities in Project Management Team 3 Internal and External Players - Project Governance 4 Organisations in Project Management 4 3. Project Environment 5 SWOT Analysis 6 4. The 7-S’s of Project Management 6 5. Work Breakdown Structure 8 6. Description of the Activities Necessary to Create the Project 8 Stage Model 9 7. Critical Path (CPM method) 12 Gantt Diagram 13 Activity on Node (AON) Representation 13 8. Analysis of Costs amp; Revenues of the Project 14 Estimative of the†¦show more content†¦These team roles are really important to create synchronisation among team members, allowing for the right balance in terms of work and â€Å"psychological health†. This is clearly related to the team lifecycle, which normally is constituted by five stages. The first one is the collection stage, in which the team has been recently formed and the individual behaviour is driven by the desire to be accepted by the others and by the willingness to avoid conflict and controversy. Hence, the team’s effectiveness is not too high at this point. The second one is the entrenchment stage, in which the team openly confront their ideas and perspectives, which generates some sort of conflict that needs to be solved (due to the fierce competition to impose different ideas for consideration). At this stage, the effectiveness of the team is hindered, being low. The third one is the resolution stage, in which the team solves the problems an d conflicts arose in the previous phase and define some norms that shape behaviour. At this point, the effectiveness of the team increases significantly. The fourth one is the synergy stage, in which the team becomes really synchronised, with all the members highly motivated and autonomous in performing the tasks. At this stage the team accomplishes the highest level of effectivenessShow MoreRelatedSwot1540 Words   |  7 PagesSWOT and Strategy Evaluation: Fitness Centers Industry Amberly Locke PHL/320 September 14, 2015 Carolyn Harrison It today’s society, â€Å"going to the gym† has become a normal phrase heard around the world; however, the fitness center industry is not exactly in the spot light of today’s media and headline news. So, that sparks the interest of what makes the fitness center industry succeed, what are their strengths. What about the fitness center industry in the future; are there weaknesses thatRead MoreSwot Analysis: the Fitness Center Industry Essay1569 Words   |  7 PagesSWOT Analysis: Fitness Centers Industry Courtney Albertson PHL/320 30 March 2015 Matthew Hazlett SWOT Analysis: Fitness Center Industry It today’s society, â€Å"going to the gym† has become a normal phrase heard around the world; however, the fitness center industry is not exactly in the spot light of today’s media and headline news. So, that sparks the interest of what makes the fitness center industry succeed, what are their strengths. 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(www.fitnessfirst.co.uk, 2009) The Chartered Institute of Marketing defines marketing as â€Å"†¦the management process which identifies, anticipates and supplies customer requirements efficiently and profitably. Ace (2001:2) The first part of this essay will focus on the ‘four P’s’ of the marketing mix in relation to implementations taken by Fitness First in theseRead MoreVr Queen Street : A New 4.5 Star Hotel Essay1457 Words   |  6 Pagesfacility is there for the parent who want to spend their time alone without children. LCD TV’S are available for the entertainment. You can call any time to Hotel Room Service if you have any problem. Bar is there for enjoying in late night. Tour Groups Gym-This enables the groups to work out for e.g.: having a Rugby Team to work out and this specifies them as to work out in with the industry and not outside. Porters-It is important to provide the Porter’s Service for the time when the groups stay in theRead MoreMarketing Mix Strategy For North Shore Gym1665 Words   |  7 PagesMarketing Mix Strategy Product North Shore gym is able to offer a wide variety of services that will contribute to a healthy lifestyle. If the gym is utilized to it’s maximum potential, customers will be able to recognize changes in their body, as well as their lifestyle, which will push them to continue making positive strides in their life. With our wide-range of classes, qualified personal trainers, dietary plans, state-of-the-art equipment, our members will have all the tools they need to succeedRead MoreEngagement Is The Process Of Building A Relationship With The Client Essay1264 Words   |  6 Pageswomen’s gym. She will see a personal trainer at the gym three days a week whenever she has free time. 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These systems, as they relate to the fitness center, are far reaching and affect all aspects of gym design and operations, including equipment design, training aids, member experience and operational efficiency. On the technology dimension aspect, one of the most beneficial recent technological advances for gym members has been in the area of training aids, such as heart rate monitors/controls, MP3 players and downloadable workout routines, equipment

Beowulf A Medieval Plot Twist - 867 Words

OPry 1 OPry 4 Anita Kay O?Pry-Reynolds H. Zengos Eng 561 19 January 2016 Beowulf: A Medieval Plot Twist. Beowulf encapsulates all the requirements that modern readers have come to expect of a medieval hero. He is loyal, brave, pious, what stubborn while at the same time he displays traits that represent the anti-hero. He exemplifies both the hero and the anti-hero. Beowulf truly is something for everyone. The epic poem bearing the name of the erstwhile hero is the bellwether for epic poetry; it and Homer?s works are the standards that all epic poems are compared. The epic tale of the hero Beowulf differs for the generic formula taking the medieval audience and the modern reader in a different direction then the works that list each triumph in succession. Beowulf, while heavily pagan in its content is influenced by the new religion, early on the reader finds that Grendel is a descendant of Cain, the biblical committee of the first murder (Basewell and Howland Schotter). Beowulf is acting as a religious hero in not suffering a monster such as Grendel or his mother to survive. He is also acting as the stereotypical medieval hero slaying monsters and dragons to protect his people and others who are in distress (King). Judy King (2003), posits Beowulf is the traditional representation of the great hero, from the very beginning of the poem where he calls out to listen to the very end in his dramatic death (King 454). King writes Beowulf, differs from other traditional poems of