Report On Aspects of Employment Covered by Law Essay Example for Free

Report On Aspects of Employment Covered by Law Essay Britain has a deficit crisis, from which the only escape route, is economic growth. Growth needs to be encouraged in every way possible.   I’m now working in Health and Social Care, it’s my first job here in the UK.I find that here in Great Britain has loads of legislation designed to ensure that discrimination on certain grounds is unlawful, and also protect workers like me. This report will cover pieces of aspects of employment covered by legislation relevant to this area, outlining why legislation relating to employment exists and the list of sources of information and advice about employment responsibilities and rights: The Equality Act 2010 The Equality Act 2010 consolidates the previous nine pieces of equality legislation based on protected characteristics to create, for the first time in Great Britain, unified equality legislation. The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Among other things, the Act simplifies or clarifies the definitions of direct discrimination (including association and perception), indirect discrimination, harassment and victimisation and extends positive equality duties to public authorities which must have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. The definition of disability under the law has changed such that a person who ahs a â€Å"physical or mental impairment that has long-term adverse effect on their ability don’t have to show that their impairment affects a particular capacity. The definition of gender reassignment has also been change-stating that this apply to â€Å" a person who is proposing to undergo, is undergoing or has under gone process to change their sex†. Sex Discrimination Act 1975 The Sexual Discrimination Act of 1975 was introduced to protect individuals from discrimination on the grounds of gender. Sexual Discrimination can take many forms. It is essential to understand that sexual discrimination is judged to be unwanted attention by the victim of the behaviour, not the perpetrator. Discrimination was set out in two forms: Direct Discrimination- simply stated that one person is treated less favourably than another based on gender. Indirect Discrimination –on the other is quit complex, this takes place if a requirement or condition is imposed, which has nothing to with gender but in practices. The Sex Discrimination Act also made it unlawful; to discriminate on the ground of marital status. Equal Pay Act 1970/1975 It simply states that Men and Women should receive equal pay for work of equal value. Human Rights Act 1998 The Human Right Act 1998 was introduced by Parliament and came into force in October 200. There are different article in this Act. Theses include: Article 2- everyone’s right to life shall be protected by law. Article 3- no one shall be subjected to degrading treatment. Article 5- everyone has the right to liberty and security of a person. Article 8-eeryone has the right to respect for his private and family life and his correspondence. Article 9- everyone has the right to freedom of thought, conscience and religion. Article 12- men and women of marriageable age have the right to marry and found a family. Article 14- the enjoyment of these rights and freedoms set forth in this Convention shall be secured without discrimination on any ground. Police and Criminal Evidence Act 1984 Establishes the rights of all people arrested by the police. Detainees have the right to legal advice and right to notify person who is likely interested in their welfaire. Civil Partnership Act 2004 This establishes the right of same sex couples to enter into a civil partnership. This is not marriage but is a relationship of equivalent seriousness and commitment. Health and Safety Health and safety is important to every work that we do. The legislation of health and safety is generally covered by statutory regulations. These legislations are: Health and Safety at Work Act 19 74 Employers have a duty to ensure the health and safety at work for all employees, provide and maintain equipment and system in safe condition and provide information, training and supervision relating to health and safety at work. Managers have the duty to maintain a safe working environment for all staff, ensuring that staffs follow policies, procedures and instructions. Give well information about hazard and safe working to new members of staff and also to report or record any accidents. Employees have duty to follow rules and regulation at work, ensure that they use materials in recommended procedures and not misuses anything provided for health ,safety and welfare. Food Safety Act 1990 This applies wherever food is supplied other than within a family situation. This Act is a wide ranging piece of legislation which strengthened and updated existing laws relevant to food and safety. Holidays Annual leave entitlements should be agreed when an employee starts work, details of holidays and holiday pay should be found in the employees written statement or contract of employment. Most workers are legally entitled to 5.6 weeks paid holiday per year (this is known as statutory entitlement). Part time worker are entitled to the same amount of holiday (pro rota) as full time colleagues. Employers can set the times when workers can take their leave for example a Christmas shut down. If employment ends workers have the right to be paid for any leave due but not taken. There is no legal right to paid public holidays Equal pay Employers must give men and women equal treatment in the terms and conditions of their employment contract if they are employed to do: like work work that is the same or broadly similar  work rated as equivalent under a job evaluation study Work found to be of equal value in terms of effort, skill or decision making. Employees are also entitled to know how their pay is made up. For example, if there is a bonus system, everyone should know how to earn bonuses and how they are calculated. National Minimum Wage Most workers in the UK over school leaving age are entitled to be paid at least the NMW. The NMW rates are reviewed each year by the Low Pay commission. Most workers will be entitled to the National Minimum Wage (NMW). Normally the NMW rate changes in October each year. There are no exemptions according to the size of business. HM Revenue Customs can take employers to court for not paying the NMW. II. Outlining why legislation relating to employment exist: Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as: * Minimum wage * Safety standards * Holiday entitlement * Maternity leave * Redundancy payments * Discrimination laws * Maximum working hours * Age requirement All employees need to have all good things that protect them from unscrupulous bosses. III. Sources of information and advice about employment and rights: * Contract- All employees have an employment contract with their employer. A contract is an agreement that sets out an employee’s: employment conditions rights responsibilities duties These are called the ‘terms’ of the contract. * Handbook- An employee handbook, sometimes also known as an employee manual or staff handbook, is a book given to employees by an employer. Usually, the employee handbook contains information about company policies and procedures. * Policy documents is a deliberate system of principles to guide decisions and achieve rational outcomes. A policy is a statement of intent, and is implemented as a procedure or protocol. Policies are generally adopted by the Board of or senior governance body within an organization whereas procedures or protocols would be developed and adopted by senior executive officers. * Terms and conditions -Terms and conditions of employment are the elements of a contract which help to define the relation between an employer  and an employee * Job description A broad, general, and written statement of a specific job, based on the findings of a job analysis. It generally includes duties, purpose, responsibilities, scope, and working conditions of a job along with the jobs title, and the name or designation of the person to whom the employee reports. Job description usually forms the basis of job specification.

Netflix competitive analysis Essay -- essays research papers

Competitive Analysis Blockbuster Inc. and Movie Gallery are currently the two strongest competitors in the market, and therefore pose the biggest threats to Netflix. Amazon, Intelliflicks, and Cleanfilms are all present in the market, but don’t possess enough force at this time to be considered a threat to Netflix. Blockbuster As of right now, Blockbuster is the biggest competitive threat to Netflix. Blockbuster was incorporated in 1989 in Delaware and is a major renter of home videocassettes, DVDs and video games throughout the Americas, as well as Europe, Asia and Australia. Blockbuster operated about 9,100 stores in the U.S. and 24 other countries, as of Dec. 2004. In the summer of 2004, Blockbuster launched an online rental program that provides a challenging competitive match for Netflix. Blockbuster’s online debut was in development for years. In 2002 Blockbuster purchased FilmCaddy, an online movie rental company that became Blockbusters internet channel. Blockbuster completed consumer research, both qualitative and quantitative, and found that online customers preferred a program that would give them both Internet convenience and in-store benefits. Blockbuster decided to incorporate its extensive network of stores to provide a powerful competitive edge. In addition, the chain has said it wil l invest $170 million this year alone in its online-rental operation. Financially, Blockbuster has revenues of 6.10 billion, with a gross profit of 3.61 billion, and a negative ne...

After a century of criminological theory, why does crime still exist Essay

After more than a century of criminological theory, a central question remains: why does crime still exist? To answer this question one must first come to a clear definition as to what crime actually means. In essence crime can be considered a social concept; a specific word attributes an individual to a particularly undesirable group. This allocations is based upon an event; some sort of wrong-doing or deviance from the norm which results in social, physical, mental, property or financial harm. The fact is, there is no singular definition to crime- there are multiple views and opinions yet none stands as a concrete definition. From a formally legal perspective, crime can be defined as by the state; that is if a specific act is defined by criminal law and is subject to punishment than it can be considered a crime. Conversely from a labelling perspective, crime can only exist if a particular event has resulted in a social response. It is this social response which instigates the criminal label and thus if there is no label, there is no crime. The ambiguity in the definition of crime alone provides grounds for its continuous existence. After all it seems only logical that we cannot rid of something that is not universally agreed upon. In attempts to unveil the cloak of criminality, various theories have been put forward which seek to clarify what is unclear. Of particular interest is the classical approach to crime and the idea of positivism and individualist behaviour. The classical theory of criminality locates the source of criminality within the individual and describes it as a rational choice (Gottfredson and Hirschi 1990). Positivism on the other hand emphasises causation and determinism, it focuses on both the external and internal factors which drive individual behaviour (Gottfredson and Hirschi 1990). Both of these theories hold opposing views about the causations of crime however they both seek to give reason to the existence of criminal behaviour. By focusing on these theories we may receive some clarity as to why crime still exists. Classical Theory: According to the classical theory criminality is seen to be derived from the individual and their ability to reason. This theory encapsulates crime as a matter of choice and intent on the part of the offender. Due to crime being represented as a choice of the offender, responsibility for that crime is thus attributed solely to the individual. Classical theory views all individuals as having equal opportunity to reason and be rational thus making us accountable for our actions. The basis of such a view stems from the assumption that there is general consensus among members of society; individuals surrender particular rights to state in exchange for its protection thus forming a social contract. Because we are all viewed as having equal opportunity to reason, the classical view holds that any rules or laws developed by consensus should be viewed as reasonable and binding to all; this is the social contract. The classical theory thereby defines criminality as someone who acts irrationally or makes a bad choice which violates the social contract. The two leading figures behind the development of the classical theory are Cesare Beccaria and Jeremy Bentham. According to Beccaria (1764) and Bentham (1970) the basis of all social action should be viewed as the utilitarian concept which results in the greatest happiness for the greatest number of people in society. Beccaria stated that crime should be considered as an injury to society as a whole and as such punishment should be used as a deterrent. This concept alone is the core is the core policy classical theory adopts when responding to crime; deterrence. Punishment is in essence the force which maintains the existence of a social contract between the state and individual (Carlsmith and Darley 2002). Classical theory states that all crimes should be associated with some sort of punishment. However the purpose of this punishment within the law is to deter individuals and not to seek vengeance. Deterrence should be directed at both the individual (direct deterrence) and at society as a whole (general deterrence). As such punishment should fit the crime but still outweigh the attraction of individual(s) to commit that crime [Beccaria (1764) and Bentham (1970)]. The Persistence of crime: To answer the question as to why classical theory has failed to rid society of crime we must further examine the work of Jeremy Bentham. According to Bentham (1970) â€Å"Nature has placed mankind under the governance of two sovereign masters; pain and pleasure. Bentham outlines how all human behaviour can be linked to a self-interested pursuit of pleasure adaversion of pain. Thus according to this crime can be considered as behaviours seeking to satisfy some underlying universal desires. In that sense people can be seen as rational when they commit crimes and when they do not. Furthermore it implies that people act first in the interest of the self and are free to choose a course of action, be it legal or illegal. Thus classical theory hasn’t failed to rid society of crime because it never attempted to do so; the theory merely accepts the fact that crime will co-exist alongside free-will and as such classicism seeks to minimise it. According to Blumstein, Cohen, and Nagin (1978) a review of seminal studies conducted from 1960-1970 depicted that certainty of punishment and severity of punishment correlated highly with lower levels of crime. Furthermore Shepherd (2002) demonstrated that cross-sectional studies and surveys support the previous findings in that perceived certainty of punishment has a strong inverted association with criminal offending. Strengths and Weaknesses: The strongest point classicism holds is its emphasis on equality. In the eyes of the law classicism enforces that everyone be viewed and treated the same. Whilst in theory this notion may seem appealing as it rids the legal system of bias judgements such as lifting the laws for the rich, it also has a dark side. Classicism ignores the specificity of the defendant. Some people such as mentally ill or children are clearly not rational yet classicism overlooks this. Classicism incorrectly assumes that people are equal in terms of life chances and it does little to address the causations of crime. Thus although the deterrence policy adopted by classicism has been proven to work, the theory refuses to acknowledge external factors which may influence crime. Even though classical systems of crime are still used today, such theoretical models became largely unfavourable in the mid-19th century when a new paradigm of human behaviour became dominant (Tibbets 2012). This view became known as school of positivism. Positivism: Positivism was first proposed by Auguste Comte (1968) – his theory sought to quantify, classify and acknowledge humanities individual differences when dealing with criminal acts. The core concept underlying positivism is that individual behaviour is shaped by both external and internal factors. The focus of positivism is of the individual and not the crime. Conversely to classicism, positivism asserts that individuals vary and that no two people are alike. As a result rehabilitation is core policy positivism adopts when dealing with criminality. Positivists emphasize that attention should be drawn to the offender and the offender’s characteristics as opposed to the criminal act itself. Furthermore punishment is not viewed as means to a valid solution in resolving crime. Offenders should receive treatment and this treatment should be individualised to fit the unique characteristics of the offender. Defining Crime: Similarly to classicism, positivism agrees that there is a moral consensus which exists in society in relation to what constitutes deviant and normal behaviour. However the differences arise when examining what drives criminal activity. Specifically positivists attribute three strands which underlie criminal activity: biological factors, psychological factors and biosocial factors. Biological Factors: Cesare Lambroso (1968) was the first to put forward the idea that criminals may differ from normal individuals. He did this through his idea of atavism; criminals could be identified from a physical stigma which portrayed them as primitive. Although this is quite obviously wrong he did set in motion the idea that biological makeup may influence criminality. Fishbein (1990) suggested the idea that a person may be born criminal due to genetic dispositions. Similarly Fishbein (1990) and Anderson (2007) emphasise that biological factors are crucial in determining individual behaviour but also that the environment may largely affect these factors. In other words criminals can be seen as the product the environment they are exposed to. Good support for both of these ideas can be seen in substance abuse crimes such as alcohol fuelled violence and high crime rates in specific geographic areas. Psychological Factors: Psychological positivism focus’s internally on the personality types and typologies which compose individuals. Gibbons (1977) exemplifies that looking at psychology behind deviant behaviour involves exploring the unconscientious mind and the way it shapes our experiences. Biosocial Approach: Biosocial positivism refers to the acceptance of both biological and psychological factors influencing behaviour as opposed to making a distinction between the two. From this point of view behaviour can be seen as the product of nature vs. nurture, Eysneck (1984) suggested the idea that behaviour can be explained by the combination of biological and environmental influences. Strengths and weaknesses: A strong point of the positivist approach is that it transcends the notion that people are always and indefinitely in control of their actions. Furthermore it acknowledges the existence of individual difference and emphasises the need for individualised treatment. A problem with the theory is that large amount of power is placed at the mercy of selective experts whose perceptions of intervention may vary greatly. An example of this arises when attempting early intervention with those who are predisposed to crime. If intervention should take place before deviance the questions which arise are; how early should we do this? Who is to do it? And should we trust them? Dyzenhaus (2004) exemplifies this by drawing on positivism as a political tradition which rejects the connection between common law and morality. He states that when positivist judges are forced to operate with the parameters of common law they are forced to constrain themselves and as such impair their judgement. Why does crime still exist? Positivists emphasise the role of external and individual forces in shaping our behaviour. In essence the positivist perspective argues that individuals are not actually in control of their behaviour but rather at the mercy of the various biological and or psychological determinants influencing them. Thus positivism cannot rid society of crime because it acknowledges that we are vulnerable individuals who cannot necessarily control our actions or our fate. Conclusion: Positivism rears the source of criminality within the idea that people are basically self-seeking. Positivism places its focus on the importance of external and internal determinants of crime and criminality. Both theories provide plausible explanations for crime but none are able to readily remove it from society. This is primarily due to the fact that these theories are mere attempts to understand and define crime as opposed to resolving it.

Blood Symbolism in Macbeth - Free Essay Example

Sample details Pages: 2 Words: 719 Downloads: 3 Date added: 2019/02/20 Category Literature Essay Level High school Tags: Macbeth Essay Did you like this example? Everybody has blood in their body, but how much does Macbeths have on his hands.The play is about Macbeth’s rise to power. He meets three witches who tells his fate. But instead of him let it come naturally he tries to speed the process of him becoming king. Don’t waste time! Our writers will create an original "Blood Symbolism in Macbeth" essay for you Create order Which would have dreadful consequences.One of the symbols that shows this type of down fall is blood. Blood in this story could mean a multitude of things; it could mean guilt, actual blood, and Macbeths ambitions and thirst for power. These are just the symbolism i could find about blood. One of the things could mean is guilt .The term â€Å"blood on my hands† is a commonly used to show guilt.This evidence can be found in Act 2 Scene 2 it reads â€Å" will all, great Neptunes ocean wash this blood clean from my hands†. This contributes to the theme of guilt. This evidence shows that Macbeth cant cope with the fact that he killed a man.As the story progress it shows the guilt gets to him, and starts to tear hi sanity apart.This is a good metaphor for the whole story in my opinion. Another symbol blood can be interpreted is actual blood.Yes,I said actually blood. Like the blood in your body.This can be shown by countless examples of people killing other people in this book.But in this paper I am just going to use my favorite scene to showcase this type of symbolism.In Act 1 Scene 5 it reads â€Å"I have done thee deed.Didst Thou not hear noise†.This show how he reacts to actually killing someone.This is the best line hands down ,because someone actually dies. I think the symbol is almost similar to guilt but this is more about the soliloquy than the actual murder. A noble man turns because of his fate being revealed. This is leterial and fugeritive blood.Those are the reasons why I like this scene the most. The third and final reason is the meaning of Macbeths burning ambitions to be king. This is shown a whole lot in this in the book. The blood of his enemies drives him closer to his main goal of the book. This shows Macbeths flaws as a character in the play.This in my opinion shows the thirst for power and the blood is what keeps him hydrated in this hustle.He sees the prophecy as truth and tries to beat around it.This shows his ambitions and his aragrance.In the play it states in Act 3 Scene 4 â€Å"forin my you say it lies stars hide your fires let light see by blyk and deep desires†.This shows his thirst for power ,and in this story hear his fate from three witches† This show that the witches boosted his ambitions in the story,too. This speed his ambitions for power in the story to the point of murdering people for that position of power. His lust of power was given a boost because of these events, and probably would have never had died if he wasnt so intrigued by thes e old ragged witches.This is what really killed Macbeth(and a sword form somebody who was born of c-section). In conclusion,this story is truly a tragedy that a man with great ambitions was told its fate to early, which drove this man mad and gave him a thirst for power.The symbol of blood is here to help convey one of many themes that are discussed through this story. Blood im my opinion is one of the most important symbols in this story hands down.With it showing guilt, actual blood ,and ambitions. This is up there with Romeo and Juliet in the tragedy and irony department(also RJ is overrated). This shows what happens when you give a mere mortal man the foresight of the gods, and tries to use it for evil or selfish ways. This is truly a â€Å"tragedy† what happened to Macbeth in the long run. How a man try to change his fate in mere months than just letting it happen normally beside just trying to do it naturally.And seeing the future was a gift and a curse, a blessing and a punishment because everything came full circle.