Should the federal government provide health care to all American Term Paper

Should the national government give social insurance to every single American resident - Term Paper Example Discussing the American medicinal services framework and the clinical protection in the US, it is important to make reference to that the least fortunate layers of the general public need to remain behind the enhancements of the majority rule life. Despite the fact that individuals are American residents, the standards of the Constitution don't allude to them, unusual as it might appear. As probably the most extravagant nation devoted to the angles of popular government, the United States ought to never abandon furnishing individuals with essential and propelled social insurance. Else, it shows its underdevelopment in this field. The general conclusion on this issue is as per the following: â€Å"A June 12-16, 2009 survey shows that 64% of Americans state social insurance ought to be a right† (ProCon 1). It causes everybody to have confidence in the open desire for balance as far as human services possibilities. Then again, the rivals of the human services for all Americans ma y believe that buckling down ought to be the primary reason for letting individuals get their clinical inclusion and continue on social insurance administrations. Indeed the adherents of the industrialist method of living feel that if the central government appoints the widespread appropriate for human services, it will prompt the utilization of duty incomes for masses which resembles in the communist method of living (ProCon 1). Be that as it may, the United States is as yet a colossal and the principle indebted person to the world nations and to China (communist nation), specifically. Subsequently, it ought to be an update for the authorities in their attempts to improve for the electorate. The inquiry is that it is actually a disfavor to the United States when 46 million individuals are revealed with clinical protection (Phillips and Bostian 136). On the planet field, America appears not all that alluring when individuals from different nations see a low pace of social assurances for all residents. On the opposite side, every single American chat on the vote based system which should address each nation of the world render invalid for this situation. Truth be told, Americans have experienced the risks of the organization in the national government letting every single conventional individuals cast unfastened. Neither Clinton nor Obama was able at presenting the social insurance change in the short run. This is the reason Americans secured by the protection feel uneasiness about their future: â€Å"All Americans presently anticipate that Medicare should be there for them when they arrive at the age limit, or on the off chance that they become crippled, and utilize this information in their budgetary planning† (Levine 31). Subsequently, when the authorities talk about that not all Americans hear protection, it makes the popular conclusion directly inverse to the possibility of the suitable Medicaid realizing that human services is the biggest business in the nation utilizing 14 million individuals (ProCon 1). All around, behind the social insurance, there may stand individuals with exclusively business intrigues going separated from the human beliefs of majority rules system. To state more, the US human services framework ought to be reexamined first. Obviously, to make changes work out, the authorities are to think about their guarantees before the electorate. Notwithstanding, one of the fundamental hindrances to the all inclusive social insurance framework is â€Å"the superfluous discontinuity of the US conveyance system† (Shi and Singh 2). In this regard alongside the general want of authorities and common individuals to make the all inclusive medicinal services conveyance framework conceivable, the US central government

Evluation of narrative work of art Essay Example | Topics and Well Written Essays - 1000 words

Evluation of story show-stopper - Essay Example Some time ago is seen by some as a notice; as if this prelude was set up as the pre-cursor to the present Evaluated PG-13 (Liquori). The arrival of the semi-historical film, The Brothers Grimm, assisted with bringing the customary fantasies of the Grimm Brothers into the 21st Century while offering a sensational look into their lives (Fisher). The film, a dream based portrayal of the lives of the Grimm Brothers, ties a few components found all through their most well known stories. The film offers the crowd a one of a kind point of view into the characters and attitude of the Grimm Brothers. Their topics, predominant all through their stories, were stressed by their utilization of puzzle, interest, and savagery. The film starts towards the finish of the eighteenth Century in a little house (Times), probably the house that Will and Jacob Grimm experienced childhood in. In the film, the sister is biting the dust, and Jacob has been sent to offer the family's dairy animals to pay for a specialist to support her. Rather, he comes back with a bunch of beans and a story that they were supernatural. Will is enraged with Jake, and it is inferred that their sister kicked the bucket because of his error (Times 1). Obviously, in one of the siblings' most celebrated stories, Jack and the Beanstalk, a little youngster sold the family dairy animals to acquire the cash they required (Stauffacher); when the beans were tossed from the window, a monster beanstalk developed driving Jack on a mystical experience. All through the film, the demise of their sister demonstrates to profoundly affect the lives of both Wilhelm and Jacob Grimm. In all actuality, the young men's dad kicked the bucket when they were both extremely youthful (Baxter, Lindquist and Mauck, Grimm Brothers: Biography). This awful mishap push the Grimm family into destitution; and the Grimm siblings surrender to emulate their dad's example: going to school and gaining degrees in law and in the long run turning out to be prestigious educators (Baxter, Lindquist and Mauck, Grimm Brothers: Biography). The film likewise depicted these two young men as researchers, and made a few references to their high insight (Damon and Ledger). Moreover, the film depicted the Grimm siblings as explorers. In spite of the fact that, during their genuine lives, the siblings voyaged both together and exclusively to gather stories (Cooper) while in the film they were depicted as voyaging scalawags (Damon and Ledger). As extortionists, instead of gathering fantasies from narrators, they would make the tales by vanquishing counterfeit apparitions, devils, and witches, until they were incidentally up to speed in an aggregate of a portion of the present most unmistakable stories: complete with the Enormous Bad Wolf, the abhorrent sovereign concealed away in a pinnacle, and captivated timberland, and even a heap of a few dozen sleeping cushions. Terry Gilliam, the movie's executive, was exceptionally eager to do a film in which she could modify a portion of her preferred youth fantasies and make a fantasy out of the Grimm Brothers (Miramax 1). A few people accept that the Grimm form of these fantasies are dull conceivably unreasonably dim for youngsters. Terry Gilliam, the movie's chief, communicated alarm that the film was evaluated as a PG-13 (Damon, Science Fiction Weekly). As an eager peruser of Grimms' Fairy Tales, on-screen character Matt Damon remarks on the dim idea of these accounts: perhaps it was simply being a kid, or possibly my mom didn't peruse every one of them, however returning and understanding them, better believe it, they were extremely dull. I

Racing Thoughts and Bipolar Disorder

Racing Thoughts and Bipolar Disorder Bipolar Disorder Symptoms Mania and Hypomania Print Racing Thoughts and Bipolar Disorder By Marcia Purse Marcia Purse is a mental health writer and bipolar disorder advocate who brings strong research skills and personal experiences to her writing. Learn about our editorial policy Marcia Purse Medically reviewed by Medically reviewed by Steven Gans, MD on March 01, 2015 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on January 08, 2020 Bipolar Disorder Overview Symptoms & Diagnosis Causes Treatment Living With In Children Your Rights Verywell / Brianna Gilmartin Everyone occasionally experiences situations that cause their mind to race. Imagine that feeling amped up several notches and persisting without relief and you have an idea of what its like to experience racing thoughts. This symptom often signals a hypomanic or manic episode in people living with bipolar disorder, although there are other possible causes.?? Characteristic Features Racing thoughts are more than just thinking fast. Rather, they are a rapid succession of thoughts that cannot be quieted and continue without restraint.?? They can progressively take over a persons functional consciousness and gallop out of control to a point where daily life can be affected. This symptom can become so severe that it interferes with the ability to sleep. When talking with someone experiencing racing thoughts, its usually readily apparent because they not only speak at a rapid clip but also quickly jump from one topic to another. This outward manifestation of racing thoughts is called flight of ideas.?? Thus, racing thoughts and flight of ideas are two sides of the same coin.   Racing thoughts might revolve around rhythms, almost like a broken record without sound. They might include a bar of music, a snippet of a conversation, a sentence in a book, or dialogue from a movie that repeats in ones mind. Importantly, racing thoughts do not involve hearing voices, a symptom associated with schizophrenia and other types of psychotic disorders.?? Racing Thoughts in Bipolar Hypomania and Mania Racing thoughts are often one of the first symptoms to develop when someone with bipolar disorder is entering a hypomanic or manic episode.?? It can beâ€"but is not alwaysâ€"a debilitating experience. Some people describe it as having excessive thoughts that move quickly, but with a sense of fluidity and pleasantness. In others, however, the experience can be jarring. Concentration can become increasingly difficult, and the inability to quiet the relentless onslaught of thoughts can prove unnerving and disruptive.?? It is not unusual to hear of people who need to play word games for an hour or two just to settle their thoughts enough to sleep. Racing thoughts and flight of ideas in the context of a hypomanic or manic episode are accompanied by other signs and symptoms that might include:?? Pressured speechReduced need for sleepPersistently elevated or irritable moodIncreased energy and restlessnessIncreased distractibilityGrandiose thinkingRisk-taking behavior Mania in Bipolar Disorder Racing Thoughts That Predate Bipolar Disorder People who experience hypomaniaâ€"as opposed to full-blown maniaâ€"are typically able to maintain their daily functioning and, as such, often go undiagnosed until their first depressive episode occurs.?? So, racing thoughts and flight of ideas may predate a person being diagnosed with bipolar disorder, typically type II. Additionally, racing thoughts and flight of ideas that occur without the requisite number of accompanying symptoms to meet the criteria for a diagnosis of hypomania or mania may identify a person at risk for eventually developing bipolar disorder.?? This is sometimes referred to as a subthreshold bipolar disorder. Racing thoughts and flight of ideas accompanied by an elevated or irritable mood appear to increase an individuals risk for eventually developing the full-blown bipolar disorder, as reported in a study published in 2013 in the Journal of Affective Disorders. Other Considerations Racing thoughts and flight of ideas can occur with conditions other than bipolar disorder, including major depression and anxiety disorders.?? Certain drugs can also cause racing thoughts, such as methamphetamine and cocaine. Withdrawal from these drugs as well as opiates and heroin can also cause racing thoughts. While racing thoughts can be a symptom of a mental disorder, they are not specific to a particular illness. The accompanying signs, symptoms, mood, and behaviors help distinguish among the various possible causes of this symptom. Talk with your doctor if you experience racing thoughts, especially if they interfere with your ability to work, sleep, concentrate, or interact with others. Once the cause of your symptoms is identified, you can receive appropriate treatment.

The Museum Of Art The Philbrook Museum - 884 Words

The Philbrook Museum of Art is easily the best museum Tulsa has to offer, and since I have been there before I probably wasn’t going into with a fresh mindset. However, I think the additional knowledge of art I learned through the couple of years in between allowed me to appreciate even more of the art there. I went there with Prof. Trotter and most of the class of art appreciation. I don’t think that most people that go there realize that the museum has such a rich history, and some of the art there is exceptional in my opinion. We went there November 6th, it was a sunny Friday, and I was able to get off work so it made the visit even more fun. The museum was located in the heart of one of richest neighborhoods of Tulsa, which makes sense considering the museum was once owned by a wealthy oilman. I went to the Philbrook not only to make sure I was able to write this essay, but because I truly love art throughout history. I have learned a lot about art, history, and even life from the last time I was at the Philbrook, and this time around I came out with great appreciation for the Italian Renaissance Revival Style that was used throughout. My first go around the formal gardens were closed for whatever reason, so I never got to see it. This is why my favorite architecture would have to be the garden. When Prof. Trotter explained to us that the pond was setup to ensure a reflection of the tempietto or museum would always be seen I thought it was pure genius. OneShow MoreRelatedAnalysis Of Bathsheba At Her Bath971 Words   |  4 PagesFrench artist. This piece was made in 1750 in the Rococo era using oil on canvas. It depicts a scene from the Bible when King David watches Bathsheba bathing. The painting’s first owner was Marquis de Marigny and now it is hanging in the Philbrook Museum of Art. Unlike other Bathsheba paintings, this oil portrait shows a different perspective which focuses on t he beauty of the human body and the royal luxurious life. Before describing the artwork, there are couples of things we should know about

Understanding Stratified Samples and How to Make Them

A stratified sample is one that ensures that subgroups (strata) of a given population are each adequately represented within the whole sample population of a research study. For example, one might divide a sample of adults into subgroups by age, like 18-29, 30-39, 40-49, 50-59, and 60 and above. To stratify this sample, the researcher would then randomly select proportional amounts of people from each age group. This is an effective sampling technique for studying how a trend or issue might differ across subgroups. Importantly, strata used in this technique must not overlap, because if they did, some individuals would have a higher chance of being selected than others. This would create a skewed sample that would bias the research and render the results invalid. Some of the most common strata used in stratified random sampling include age, gender, religion, race, educational attainment, socioeconomic status, and nationality. When to Use Stratified Sampling There are many situations in which researchers would choose stratified random sampling over other types of sampling. First, it is used when the researcher wants to examine subgroups within a population.  Researchers also use this technique when they want to observe relationships between two or more subgroups, or when they want to examine the rare extremes of a population. With this type of sampling, the researcher is guaranteed that subjects from each subgroup are included in the final sample, whereas simple random sampling does not ensure that subgroups are represented equally or proportionately within the sample. Proportionate Stratified Random Sample In proportional stratified random sampling, the size of each stratum is proportionate to the population size of the strata when examined across the entire population. This means that each stratum has the same sampling fraction. For example, let’s say you have four strata with population sizes of 200, 400, 600, and 800. If you choose a sampling fraction of  ½, this means you must randomly sample 100, 200, 300, and 400 subjects from each stratum respectively. The same sampling fraction is used for each stratum regardless of the differences in population size of the strata. Disproportionate Stratified Random Sample In disproportionate stratified random sampling, the different strata do not have the same sampling fractions as each other. For instance, if your four strata contain 200, 400, 600, and 800 people, you may choose to have different sampling fractions for each stratum. Perhaps the first stratum with 200 people has a sampling fraction of  ½, resulting in 100 people selected for the sample, while the last stratum  with 800 people has a sampling fraction of  ¼, resulting in 200 people selected for the sample. The precision of using disproportionate stratified random sampling is highly dependent on the sampling fractions chosen and used by the researcher. Here, the researcher must be very careful and know exactly what he or she is doing. Mistakes made in choosing and using sampling fractions could result in a stratum that is overrepresented or underrepresented, resulting in skewed results. Advantages of Stratified Sampling Using a stratified sample will always achieve greater precision than a simple random sample, provided that the strata have been chosen so that members of the same stratum are as similar as possible in terms of the characteristic of interest. The greater the differences between the strata, the greater the gain in precision. Administratively, it is often more convenient to stratify a sample than to select a simple random sample. For instance, interviewers can be trained on how to best deal with one particular age or ethnic group, while others are trained on the best way to deal with a different age or ethnic group. This way the interviewers can concentrate on and refine a small set of skills and it is less timely and costly for the researcher. A stratified sample can also be smaller in size than simple random samples, which can save a lot of time, money, and effort for the researchers. This is because this type of sampling technique has a high statistical precision compared to simple random sampling. A final advantage is that a stratified sample guarantees better coverage of the population. The researcher has control over the subgroups that are included in the sample, whereas simple random sampling does not guarantee that any one type of person will be included in the final sample. Disadvantages of Stratified Sampling One main disadvantage of stratified sampling is that it can be difficult to identify appropriate strata for a study. A second disadvantage is that it is more complex to organize and analyze the results compared to simple random sampling. Updated by  Nicki Lisa Cole, Ph.D.

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. 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The Children Act A Piece of Legislation Essay Sample free essay sample

The Children Act ( 2004 ) is a piece of statute law devising certain that every kid affairs this influences our day-to-day pattern as every kid has the right excessively being healthy therefor staff provide healthy repasts and promote kids to eat healthy at place. Staff would besides do certain the kids get adequate exercising while in their attention. Staying safe is another facet of the Children Act this means practicians must maintain kids safe by doing certain everyone in the scene has been CRB checked and all issues are locked. If a member of staff is concerned about the child’s public assistance we must describe it to guarantee the child’s safety. The Children Act states kids should be basking and accomplishing this influences working pattern as staff have to be after lessons which will be gratifying for the kids but besides make them accomplish. Making a positive part is another statement from the Children Act if all the above is achieved this should hike the chi ld’s assurance plenty so they do lend. We will write a custom essay sample on The Children Act: A Piece of Legislation Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Safeguarding Vulnerable Groups Act ( 2006 ) was designed to do certain that grownups working with kids and other vulnerable groups are assessed. This influences working pattern as scenes have changed the usage of voluntaries and other services. it besides makes certain people who have non been Criminal Records Bureau ( CRB ) checked must neer be left entirely with kids. The Equality Act ( 2010 ) simplifies the current Torahs and puts them all together in one piece of statute law. Besides. it makes the jurisprudence stronger in some countries. Some of the features protected are age. disablement. gender and race. This will act upon working pattern as all of these features must be taken into history and protected whilst in a scene. Protection of kids act ( 1999 ) creates a system for placing individuals considered to be unsuitable to work with kids. This act protects all kids who will be traveling to a scene. The Protection of kids act insures things such as National Criminal Records Bureau are carried out to see children’s safety. This influences working practise as all people working or sing a scene will hold to hold a condemnable records bureau check to do certain they practitioner is suited to work with kids. Data Protection Act ( 1989 ) is a jurisprudence on the processing of informations and placing people. The act was put in topographic point to protect people’s cardinal rights and provides a manner for persons to command information about themselves. This act influences working pattern as practicians must hive away information about kids right for illustration holding it locked in a cabinet. This act besides insures that the practician can non portion this information with anyone out of the scene. and if the parent wishes to see the information about their kid they have a right to make so.