An Employee or Not - Free Essay Example

Sample details Pages: 6 Words: 1938 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? An Employee or Not? à ¢Ã¢â€š ¬Ã‹Å"Although distinguishing between those working under a contract of service with those working under a contract for services is more important now than ever. We are still no closer to being able to conclude such a dispute with absolute certainty than we were over 100 years ago.à ¢Ã¢â€š ¬Ã¢â€ž ¢ This essay will focus on a fundamental area of Employment Law on whether someone is an Employee or Not? In this modern time of law reforms this area has throughout the years been focused on how it would be easier to distinguish between those who are working under a contract of service and those who are working under a contract for services. It is more important than ever for these two aspects of Employment Law to be distinguished and there be a clear answer that will reduce these disputes with complete certainty. Don’t waste time! Our writers will create an original "An Employee or Not?" essay for you Create order There will be a brief illustration on what a contract of service is and what contract for services is. The differences will also be highlighted. Reference to cases, legislation and any other areas of law that are important will be used to form a supported conclusion in relation to the above statement. In order for an examination to be made from the above the statement. What makes a contract of service and what makes a contract for services must be explained and understood. It is hugely important that the difference between a contract of service and a contract for services as per Smith and Wood, à ¢Ã¢â€š ¬Ã…“The independent contractor may be in a better monetary position while working but at a grave disadvantage if he falls off a ladder or is sackedà ¢Ã¢â€š ¬Ã‚ [1] this idea was supported in Lane v Shire[2] where it can be seen that if there is an issue of safety involved then that court or tribunal should search for proof that the employee involved was a worker. The key here and when dealing with any questions involving these two very different aspects is the distinguishing factors of a contractor and an employee. The definition of a worker can be found on the Employments Rights Act[3] which states; à ¢Ã¢â€š ¬Ã…“In this Act à ¢Ã¢â€š ¬Ã‹Å"employeeà ¢Ã¢â€š ¬Ã¢â€ž ¢ means an individual who has entered into or works underà ¢Ã¢â€š ¬Ã‚ ¦a contract of employmentà ¢Ã¢â€š ¬Ã‚ . It should be noted here that a à ¢Ã¢â€š ¬Ã‹Å"contractà ¢Ã¢â€š ¬Ã¢â€ž ¢ of employmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ is where there is a contract of service or apprenticeship which once again has been set out in statute.[4] On the other hand as per the Trade Union and Labour Regulations a à ¢Ã¢â€š ¬Ã‹Å"workerà ¢Ã¢â€š ¬Ã¢â€ž ¢ means à ¢Ã¢â€š ¬Ã…“an individual who works, or normally works or seeks to work (a) under a contract of employment, or (b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client of hisà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ .[5] Per these two legislations it is already clear that there is fundamental difference between a worker = contract for service and an employee = contract of service. How does the court deal with this? In order for it to be absolutely clear what the person involved in the case falls under. There are a number of tests the court uses to classify the contractor or employee. The most common of the tests used and one which has become the traditional test when determining the employment status is the control test. A definition of this test can be found in Yewens v Noakes where it was stated, à ¢Ã¢â€š ¬Ã…“a servant is a person subject to the command of his master as to the manner in which he shall do workà ¢Ã¢â€š ¬Ã‚ [6]. This at a first glance seems simple and this is justified when taking account of two specific cases; Mersey Docks and Harbour Board v Coggins and Griffith, and Walker v Crystal Palace Football Club. In both these cases it further evaluated the basic test set down in Yewens, these two cases outlined that, à ¢Ã¢â€š ¬Ã…“If a worker is told what to do, but not how to do it, this would be a contract for servicesà ¢Ã¢â€š ¬Ã‚ .[7] However if each of these statements is stripped down it becomes clear that there are issues with this test and these issues suggest that the courts and tribunal are still no closer to being able to with absolute certainty conclude a case involving contract of services or a contract for service. The biggest issue here is the fact that in the last hundred years the modern era employers have come to rely on employees who control their own work without the employers input. Furthermore large companies have given out work to small independent contractors where the employer will tell them what, when, where and how to do the job. These two examples go against everything set out by the three cases above; moreover a very important case raised another issue. The case of Whittaker v Minister of Pensions suggest that, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦persons possessed of a high degree of professional skill and expertiseà ¢Ã¢â€š ¬Ã‚ ¦may nevertheless be employedà ¢Ã¢â€š ¬Ã‚ ¦under contracts of service, notwithstanding that their employers canà ¢Ã¢â€š ¬Ã‚ ¦exercise little, if any, control, over the way in which the skill is usedà ¢Ã¢â€š ¬Ã‚ [8] This emphasizes the fact that where there is a higher required of skill there is a far less significant factor of control. There has been developments on the basic factors of the control test and these is not a series of factors that were suggested by the court in Park v Wilsons which also stated that, à ¢Ã¢â€š ¬Ã…“the right to control the servant in the manner of doing his work is one of the most important tests of employmentà ¢Ã¢â€š ¬Ã‚ [9], it must be noted here that this case does have a negative precedent meaning that it is negative law therefore not to be fol lowed in cases that have the same facts or circumstances. However this case does show that the Courts and Tribunals are aware that the control test is not definite and in this particular case it has been highlighted that there has been effort to make the control test more concrete therefore more reliable to use. Due to the control test not being a hundred percent reliable there are a number of other tests that the courts can use to determine the statue of employment such as the Integration Test and the Multiple Test. The Integration test is fairly simple as it was formulated in Stevenson v MacDonald[10] where it was stated, à ¢Ã¢â€š ¬Ã…“under a contract of service, a man is employed as part of the business and work is done as an integral part of the businessà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“under a contract for services, the work, although done for the business, is not integrated into it but only an accessory to ità ¢Ã¢â€š ¬Ã‚ . Basically this test is all about as king the question à ¢Ã¢â€š ¬Ã¢â‚¬Å" is the worker integrated into the organisation? It is pretty clear that this test cannot be used in these modern times due the nature of businesses where employees can work from home or that contractors are becoming a very huge piece of the work place engine, as well as including those higher skilled workers that have previously failed the control test[11]. Nevertheless besides the Integration Test the Multiple Test can be considered alongside the Control Test as being one of the most important tests when dealing with employment status. The Multiple test or as it is commonly known the contemporary approach the Multiple Factor/Basic Ingredients + Test was created due to the clear failures and inadequacies of all the single tests as seen above. The best example of this test is in Ready Mixed Concrete v Minister of Pensions[12], in this particular case it had to be considered whether seven hundred drivers were considered to be working under a contract for services or a contract of service. In this case there were a lot of criteria that became apparent. Not all of it was conclusive but they all had to be considered. This case heard that in order for the existence of a contract of service to exist there had to be three factors. A) The servant agreed in consideration of a wage of other remuneration to provide his own work and skill in the performance of some service for his master. B) The servant agreed expressly or impliedly that, in performance of the service he would be subject to the control of the other party sufficiently to make him the master. C) The other provision of the contract were consistent with its being a contract of service[13]. These three factors have to be present before a contract of service can be considered. If they are present then other factors that are considered to be relevant can be considered. The Ready case also was fundamental in illustrating the principle of delectus pers onae (choice of the person); this concept was missing from the Ready case. There has been modern interpretation of this concept in 2001 where it was stated that, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦was unable to take a class, she would contact a replacement from the register of coaches maintained by the responds, and arrange her class to be covered by a member on the registerà ¢Ã¢â€š ¬Ã‚ [14] this goes along with a quote from the Byrne Bros case; à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦unable to provide the servicesà ¢Ã¢â€š ¬Ã‚ ¦[they]may provide an alternative worker to undertake the service but only having first obtained the express approval of the contractor[15]. These two cases highlight just how far the law has come. As these cases highlight that in these modern times there is a more flexible interpretation allowed which goes against its very strict past. Where this would not be allowed as the old requirement was interpreted as being black or white and having no grey area (Strict ) this can be seen when it first came about.[16] In conclusion even though it can be seen that there is still difficulty when dealing with contract of service and contract for services there has been a lot of change in the law that has reduced the courts originally strict view and greatly enhanced their interpretation skills allowing them to become more confident. As well as being easier for them to determine the employment statues. However this does not mean there are still not problems. There is and there always will be especially due to the complex nature of Employment Law. Nevertheless it can be seen that there has been an improvement and the law has come a long way in a hundred years. Although the courts cannot conclude a dispute with absolute certainty the presence of the new tests and legislation has allowed the courts and tribunals to make a decision with almost complete certainty. A hundred years is a long time ago with these new fundamental factors. Although with the constantly changing environment of law in general being an undermining issue there could be more changes on the way or the improvements made over a hundred years might be undone by a law itself there bringing employment status disputes back to the beginning. Final Word Count = 1,978 Final Word Count without footnotes = 1,825 [1] Smith and Wood, Industrial Law(6th Edn 1996) p9 [2] Lane v Shire Roofing Co (Oxford) Ltd (1995) [3] Employments Rights Act 1996 s230 [4] ibid [5] Trade Union and Labour Regulations (Consolidation) Act 1992 s296 [6] Yewens v Noakes (1880) 6 QBD 530 [7] Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd [1947] AC 1; Walker v Crystal Palace Football Club [1910] 1 KB 87 [8] Whittaker v Minister of Pensions and National Insurance [1967] 1 QB 156 [9] Park v Wilsons Clyde Co Ltd (No 1) 1928 SC 121 [10]Stevenson, Jordan and Harrison Ltd v MacDonald and Evans [1952] 1 TLR 101 [11] Whittaker v Minister of Pensions and National Insurance [1967] 1 QB 156 [12] Ready Mixed Concrete v Minister of Pensions and National Insurance [1968] 2 QB 496 [13] ibid [14] MacFarlane v Glasgow City Council [2001] IRLR 7 [15] Byrne Bros (Formwork) Ltd v Baird [2002] IRLR 96 [16] Express Echo Publications Ltd v Tanton [1999] IRLR 367

The Enlightenment Was A Time Of Rapid Changes That Took

The Enlightenment was a time of rapid changes that took place during the eighteenth century, for the most part. This period was marked by new ideas of politics and monarchs, religion, and social ideas. During this era of vast changes, literature was also influenced. Many writers were either for the new philosophies or against them. Molià ¨re and Voltaire were writers that were against the changes of the Enlightenment. They showcased this in their works Tartuffe and Candide. These works focused on the Enlightenment changes in society by religion and politics. The Enlightenment began in the seventeenth century according to Norton Anthology (3). The Norton Anthology to World Literature claims that the Enlightenment occurred due to the conflict†¦show more content†¦Another societal issue that was greatly challenged was the order in which things were kept. There had always been a code to follow or order to keep. During this period, these ideas were challenged because of the new ideas breaking through (Norton Anthology 3). The Enlightenment also had broad effects on religion. The first effect that the Enlightenment had on religion was the idea that people should consider the ideas that he/she was following and then decide is it was true or not. It would no longer require asking the priest for advice, one could make his/her own judgements and decisions using reason. There was no divine intervention (Norton Anthology 5-6). This idea of using reason to make decisions that were once based on religion changed many things. According to the Norton Anthology guide of World Literature, this concept of reason would lead back to the idea of eternal destiny. It was also during this time that the divine right was no longer regarded as truth. The divine right was the idea that God placed the king or queen into power that He wanted. This new way of thinking disregarded this (4-7). 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Managing Under Uncertainty for ABC Consultants - myassignmenthelp

Question: Discuss about theManaging Under Uncertainty for ABC Consultants. Answer: The situation: This is the story of Joy, a woman who has been working in the ABC Consultants for 20 years. The workplace situation has been giving her sleepless nights, pain in the stomach and headaches. The increasing symptoms list scared the beats out her. Such was the conflict at her workplace that she even experienced a sudden panic attack, her first in the nearly 20 years of her work experience. There are various workplace situations or conflicts that crop up every day in organization like fired for being sick, unpaid after doing overtime and even the obsessive and compulsive behavior. The Issue: Joy was in love with her job, but in recent times she has been considering quitting. The boss she was assigned under for so many years have received a well-deserved promotion a few months back. Joy was then assigned under a new supervisor, someone who has been posed as a challenge for Joy. This situation cropped up one fine morning when the new supervisor of Joy confronted her of a complaint that has been lodged against her by one of her co-workers. The complaint was instead of emailing about the project to the members of the team, she should have just strolled down the hall and work out the information in person (Sonnentag, Unger Ngel, 2013). Joy over the years has been struggling with an invisible disability that made walking difficult sometimes. Recent stress within the workplace had caused the symptoms to flicker. Her doctor advised her to restrict the quantity of walking. Joy tried to explain all these restrictions and limitations to her boss, however the boss paid no heed to her words and moreover reacted harshly, threatening to dispel her from work. Moreover, the new boss stated that the management has not been happy with such reluctance from a senior pro like Joy, stating that face-to-face communication is important instead of sending mails (Gilin Oore, Leiter LeBlanc, 2015). The new bosss harsh behavior and threat of expelling Joy from work made Joy decide on quitting her job after discussions with her husband, Tim. Tim advised her of taking the matter to the next point that is meeting the human resource department of the company. The HR manager had a brief discussion with Joy and promised her of fixing a date for a detailed discussion on the matter. The Rational Model: As discussed in the above segment, Joy has been put under immense stress at her workplace by her new boss where she is being threatened to be dispelled from work for not being mobile at work floor, though everybody knew she had some restrictions in her movement. Leaving the job might be an easy decision that would enable her to get relieved from all the stress she has been going through. Though Joy took the matter to the next level, she was not sure whether she was doing the right thing. She thought of making use of the rational decision making model Define the Problem: On the first instance, Joy requires defining the issue. This step would be moderately easier for Joy, as the new boss of Joy has already identified the issue which is lack of mobility and agility of Joe on the work floor (Renfree et al., 2014). Her restriction in physical movement has led to complaints from her co-workers that Joy does not focus much on face-to-face communication or discussing over important topics sitting together. She is more into sending emails and chatting through online which is not what team members wants. Identifying the decision criterion: The next part in the process of rational decision making is in recognizing the criteria of the decision. This step is mainly about selecting the variables that would be determining the outcome of the decision (Gigerenzer, 2015). In the case of Joy, her anger and her pride has led to this conflict, she could have been more patient in making others understand what led to her being such immobile at work-floor. The criterion is mainly dependent on the values and beliefs of the individuals. Joy would be making her decision which would be based on her conviction that she would be discussing in-depth about the illness she has along with the letter from her doctor. Her criteria would be: How can she change the frustration of her immobility? How can an agreement be reached that meets organizational objectives, yet takes in her limitations? Allocate Weights to Criteria: The next step for Joy would be to allocate the criteria weights. This takes in the ranking of the criteria based on their significance to the process of decision making. According to Joy the biggest weight should be provided to the fact on the easy of meeting the objectives of the organizations taking into consideration the limitations Joy has on physical grounds (Pettigrew, 2014). The other weight would then be dispersed. The next segment would start in considering the solutions. Developing the Alternatives: The next part is developing the alternatives where the probable solutions require to be measured. No consideration would be there in this step, just the presence of generalized list of alternatives. Joy has listed down some of the solutions that are of alternative nature (Baumann et al., 2014). Joy might be more involved with the members of the team in person. Instead of emailing, Joy might have discussion with her team members over telephone or through video conferencing. Keeping a fixed time on weekends to meet Joy with all the issues. Under the present circumstances, Joy needs considering the list of alternatives she developed. Evaluating the Alternatives: Leading up to the meeting, Joy have been spending the weekends evaluating the alternatives and praying that all remains at place (Gigerenzer, 2015). Joy needs to see the choice that would be least impacting her fellow workers and team members yet solve the issue of the face-to-face communication that is so required for someone holding an important position in the company. After much of the consideration, Joy decided to submit a report before the meeting stating all these to ease the overall situation. Select the best alternative: This is the final step within the model that entails computing of the most favorable decision. This would be done by Joy after evaluating each of the alternatives against the subjective criteria along with selecting of the alternatives having the highest overall score. Reflection: The stress that Joy was going through would only be possible to understand if I put myself in her shoes. Workplace stress and conflict situations are not new in organizations; however matters like that of Joys are hard to find. Bounded rationality is a term that was first being coined by Herbert Simon. His argument was that under real situation circumstances, people would be taking decisions on the source of heuristics instead of the rule based methods of optimization. Information: Lack of proper information or information of incomplete nature often leads to most favorable decisions as the decision-maker; Joy was not fully sentient of the pros and cons of the decision (Chrisman, Memili Misra, 2014). Lack of proper information often leads to creation of boundaries and hindering the choice rationally of the decision-maker. I would not have probably hastily said to my immediate boss that I am unable to take the stress and that I would be quitting the job. If I would have been at her place, I would have asked my boss for a bit of her time and would have made her understand citing the medical documents. It was not something that was being done by Joy purposefully, but her movement was being restricted due to her immobility. She had the required documents in proving her situation. She could have handled this in better way, though she never knew that her general stating of quitting the job would become such big issue within the organization. Intellectual Ability: The issue at hand might be so intricate that the decision-maker might not be able to understand the complexity of the issues, leading to the sub optimal decision (Felin et al., 2014). If the issue had been logical, the decision maker would have been in a position in making the rational choice. This has been generating a boundary on the otherwise rational alternative of the decision maker. Joy has been working for more than 20 years yet she forgot the essence of face-to-face communication. I would have stated my position to my team members beforehand and let them know they are free to visit me with any issues as and when required. There was lack of any sort of communication between Joy and other team members as nobody knew the situation of Joy and the issues she was facing within. Lacking information led to such circumstances for Joy, which I would have avoided with prior discussion to with the people concerned. Lack of Time in taking decisions: The lack of time might lead to suboptimal decisions as the decision maker does not have enough time in evaluating the choices and coming to a rational alternative. Lack of time often leads such inappropriate decisions as one does not have the requisite time in processing the available information (Foss Weber, 2016). It is important to give oneself sometime at the end of the day to reflect on the things that have taken place in the day. Joy could not, she was so stressed out, she was facing health issues because of the stressed out factors at workplace. Joy had her husband to discuss these things, but she kept it to herself, she could have atleast communicated with someone close in the office. Even after the complaint came in, Joy was quick to react rather than r5efoecting on what went wrong and what has been the source of complaint. Reference: Baumann, D. J., Fluke, J. D., Dalgleish, L., Kern, H. (2014). The decision making ecology.From evidence to outcomes in child welfare: An international reader, 24-40. Chrisman, J. J., Memili, E., Misra, K. (2014). Nonfamily managers, family firms, and the winner's curse: The influence of noneconomic goals and bounded rationality.Entrepreneurship Theory and Practice,38(5), 1103-1127. Felin, T., Kauffman, S., Koppl, R., Longo, G. (2014). Economic opportunity and evolution: Beyond landscapes and bounded rationality.Strategic Entrepreneurship Journal,8(4), 269-282. Foss, N. J., Weber, L. (2016). Moving opportunism to the back seat: Bounded rationality, costly conflict, and hierarchical forms.Academy of Management Review,41(1), 61-79. Gigerenzer, G. (2015).Simply rational: Decision making in the real world. Evolution and Cognition. Gilin Oore, D., Leiter, M. P., LeBlanc, D. E. (2015). Individual and organizational factors promoting successful responses to workplace conflict.Canadian Psychology/Psychologie canadienne,56(3), 301. Pettigrew, A. M. (2014).The politics of organizational decision-making. Routledge. Renfree, A., Martin, L., Micklewright, D., Gibson, A. S. C. (2014). Application of decision-making theory to the regulation of muscular work rate during self-paced competitive endurance activity.Sports Medicine,44(2), 147-158. Sonnentag, S., Unger, D., Ngel, I. J. (2013). Workplace conflict and employee well-being: The moderating role of detachment from work during off-job time.International Journal of Conflict Management,24(2), 166-183.

The Little Prince Review Essay Example

The Little Prince Review Paper Essay on The Little Prince There is no perfection in the world! (P)  «The Little Prince. Probably, this is one of the few books that have the same pleasure to read people at a young age, and re-read, already becoming adults. For the first time with this piece I got acquainted still in elementary school. At that time I could only describe it as a fairy tale. And, probably, at the time of the first, so-called love, I could not with the work of Saint-Exupery to fully assess properly Little Prince. And a big impression on me authors figures, rather than the text itself. Which, by the way, no less original and interesting We will write a custom essay sample on The Little Prince Review specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Little Prince Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Little Prince Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer  «When talking to adults:. I saw a beautiful red brick house, the windows had geraniums, and doves on the roof. They can not imagine this house. They should say: I saw a house a hundred thousand francs. And then they exclaim, How beautiful! (A) Re-introduction to one of the most famous works of Saint-Exupery has appeared at times successful and fruitful. And this time, I would characterize it as a parable. This book though is thoroughly permeated with a slight sadness mixed with a simple but at the same time a deep wisdom. Describing the Little Prince many say that the book is multidimensional. And it is true. The feeling that the product is built on the principle of Matryoshka. It seems that the whole point of this parable is on the surface, but looking more closely, we see that this simple, at first glance, the book confidently and consistently leads readers on a moment again become children. We all come from childhood (c) Exupery says. The author seems to calls to bring in the light of the mezzanines dusty the inner world of the child, whom we so hard to hide a  «The Little Prince. one of the most quoted books. Almost all of the text apart and scattered by quotations and phrases, some of which have already become winged. It only emphasizes the success written.  «judge himself far more difficult than others. If you can correctly judge yourself, then you are truly wise. (C)  «The Little Prince the book is amazing and astounding in its content. It has no specific framework, aimed at establishing an audience. It is universal. She says the most important in all times. Topics raised in it are relevant to this day. This is the book you want to re-read, and discover something new for themselves with every reading. Perhaps it should read one. The Little Prince Review Essay Example The Little Prince Review Paper Essay on The Little Prince Youth, like childhood, to live sparks in the depths of his eyes, a hitch in the corners of the lips, the beauty of gestures and sincerity in mind. And no matter how many years a person, if he is able to dream and laugh. We follow the road of life, and depends on us, whether it will be fragrant garden alley or thorny labyrinth. The main thing to follow his star, and listening to the heart This is not so easy to learn, and it happens that the lessons takes a lifetime.. We suffer from forgetfulness. But with us live, grow, and retain at the same time the magic of books. How much do you call works, which are still one step ahead of you lead the way We will write a custom essay sample on The Little Prince Review specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Little Prince Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Little Prince Review specifically for you FOR ONLY $16.38 $13.9/page Hire Writer For me, this book one. Its The Little Prince by Antoine de Saint-Exupery. It surprises every time and every time brings tears and smiles. Thin book with funny pictures wise, light and eternal love story A touching, poignant story, full of infinite and amazingly simple wisdom -. Exupà ©ry created a story about a man, which is alive child of naivete, turning into sensitivity, about growing up that does not betray the discoveries of precious childhood. Love is more than admiration. Caring accommodates not only the formal actions, but also the nobility of ideas. And the responsibility is accompanied by love and care, giving the first persistence, and the second -. Timidity The Little Prince tells the story of courage and kindness. Courage and kindness! This is the way each person. And in the book they are two pilot escaping from themselves into the cold blue of the sky, and the Prince, who need to see the mistakes and shortcomings of the universe, to return everything that is dear to his heart Vigilance rarely granted from birth. . Much more often it comes with experience. For men is a permanent journey, a constant search and the eternal return. So arranged that the most valuable thing he sees only postpone once. But wandering man learns patience, strength, loyalty. He met with his fear and soul, and then turns into a hero.