The Equality Act 2010 - Free Essay Example

Sample details Pages: 9 Words: 2584 Downloads: 1 Date added: 2017/06/26 Category Ethics Essay Type Research paper Tags: Act Essay Did you like this example? Introduction: The aim of this paper is to evaluate assessing the significance and impacts of the Equality Act 2010. This is legal system aimed to fight discrimination. This paper also focuses on evaluating the Contract Law of UK through assessment of a case study. The Contract Law is the legal system that controls all contractual activity in England and Wales (Singer, 2012). Part: I The protected characteristics of the Equality Act 2010: The protected characteristics of the Equality Act 2010 have been assessed as follows: Age: People in all age groups are protected under the Equality Act 2010. This implies that nobody can be discriminated against because he or she belongs to a specific age group. Disability: As per the Equality Act 2010, if a person has a mental or physical problem, or some issue that influences his work performance, he is considered to be disabled. The Equality Act 2010 provides protection to all disabled people against discrimination. Gender reassignment: The Equality Act 2010 protects people who have had gender reassignment, are planning to opt for it. The Act also protects transsexual people, and people with similar characteristics. Marriage and civil partnership: People who are married, or, in civil partnerships, are protected by the Equality Act 2010. They cannot be discriminated against due to their marital status or partnership. Race: The Equality Act 2010 provides protection against racial discrimination and protects people belonging to all cultures and races. The Act considers different groups with similar characteristics as a single group. For example, all black people can be protected as a single group. Religion: The Equality Act 2010 protects the right to practice or believe in all religions. Noone can be discriminated against based on their religious beliefs. Gender: The Equality Act 2010 protects males and females equally and does not tolerate gender based discrimination. Sexual orientation: The Equality Act 2010 protects people against discrimination based on sexual orientation (Slattery, 2012). Different kinds of discrimination identified by the Equality Act 2010: The Equality Act 2010 highlights various kinds of discrimination. These have been identified as follows: The following forms of unequal treatment are distinguished by the Equality Act 2010: †¢Direct discrimination: This is the less favorable treatment of a person than another in a comparable situation. †¢ Indirect discrimination: This is discrimination by apparently neutral provision, measure, criterion or practice that affects is a de facto discriminatory way. †¢Harassment: This is violation of the dignity of the person, in particular by creating an environment that is intimidating, hostile, degrading, humiliating or offensive. †¢Sexual harassment: This is harassment based on gender and involving sexual activity (Varoufakis, 2013). The prohibition of indirect discrimination is originally directed to the legislature and to other parties, unless they take collective action , ie working and living conditions, rules, or concretizing the implementation of obligations by measures of collective action. In substance, it comes to punishment method such as discrimination, putting certain groups of people at a disadvantage, while indeed avoiding an explicit designation of prohibited grounds of discrimination. These are created by the choice of seemingly neutral criteria, just to penalize those persons who exhibit features that are prohibited by the Equality Act 2010 (Varoufakis, 2013). Indirect discrimination can be assessed through the following steps: 1.First, a group formation is described by expressly prohibited criteria. For example, the employer differs in a measure between part-time and full-time employees, or a landlord distinguishes between the employed and unemployed, or between self-employed and employees. 2.Subsequently, a group is collectively and directly disadvantaged within the meaning of the Equality Act 2010. This can be done only by the other group that receive benefits or the fact that the group in question is directly treated in a worse manner. For example, part-time employees shall not receive sick pay. 3.If the discrimination against the group is statistically speaking in a special way, those concerns that are to be protected by prohibitions of discrimination. This affects more foreigners than nationals or more women than men because these are the educated and disadvantaged groups relative to the other group that are over-represented. Thus, the offense of indirect discrimination occurs. 4.Indirect discrimination is, however, permissible in exceptional circumstances when this statistical special concern of a protected group is only a by-product of an acceptable target. So if while pursuing the goals of an organization, only loyal employees are given a Christmas bonus, it might be acceptable. This may exclude the temporary workers from payment, even if this measure predominantly affects women (Hargr eaves-Heap, 2012). Assessment of the impact of the Equality Act 2010 on managers and directors of businesses in the United Kingdom: As per the Equality Act 2010, if there are unjustified inequalities, the employee has a right of appeal. The employer must then take appropriate, necessary and reasonable measures to prevent the disadvantage. Steps must be taken against employees who violate the prohibition of discrimination. The steps can involve warning, transfer, dismissal, etc. Also protective measures must be established for employees at a disadvantage (Toikka, 2011). If the relevant employer fails to take inappropriate measures to stop harassment, the employee may refuse to perform. The claim to remuneration remains in this case too. In addition, the employee has a claim for damages which is aimed at compensation for financial damages, unless no fault is attributable to the employer. It is disputed whether this claim comprises also the merit of the unsuccessful candidates. T he employee also has the right to make a compensation claim, of a reasonable monetary compensation for the suffered unequal treatment. The amount of the compensation claim depends inter alia on the nature and severity of the damage of interest, the occasion and the motives of the employer, the duration, the degree of fault of the employer and whether it is a case of recurrence (Hargreaves-Heap, 2012). With respect to the Equality Act 2010, Employers and HR managers need to address the following questions: Don’t waste time! Our writers will create an original "The Equality Act 2010" essay for you Create order Who must be protected? Was the operating discrimination indirect / direct, conscious / unconscious / condone, or are there situations in which their occurrence is predictable? What are harassment or discrimination characteristics? Can the disadvantages be justified? In particular, obligations, liability, and compensation claims must be observed. These changes affect the protection, organization and action obligations of the employer, the burden of proof to the detriment of the employer, compensation claims, including injunction proceedings and the complaint and right to refuse performance of the employees. Employers need the new rights of the works council (but not of Staff Council), the necessary revisions for jobs, recruitment and selection, cancellations, new standards for employment contracts, dismissals, social selection, job references note. The new regulations relate to organization, cooperation, leadership, content issues as well as the participation modalities of workers respectively in cooperation with the works council (Hargreaves-Heap, 2012). In the application process, the practice has become common to perform any more reasons for not hiring a candidate. Instead, often a cover letter with return of application documents is incl uded. It has only sample texts such as: Sorry, your application will not be considered. In the decision, the hope of employers plays a central role, no targets for the suspicion offer a case of impermissible discrimination of each candidate before. However, the employer may submit a second application of a fictitious person who can demonstrate a possible discrimination in the application process of the candidates. For example, if the applicant is loaded without a discrimination feature for an interview, the actual candidate is left out. This can act as evidence. This means that the employer must prove, for example, in one trial, that no unlawful discrimination has taken place. The insurance industry is now dealing with the provision of specific policies (so-called Employment Practices Liability). Based on U.K. models, employers are against the risk of a claim by employees and applicants for breach of the Equality Act, in particular to compensation or damage claims. The Equality A ct 2010 is effective in controlling discrimination. However, the churches in UK are beyond the Act. In the case, R (Amicus) v Secretary of State for Trade and Industry, a number of labour unions questioned the fact that the churches were allowed to discriminate people on grounds of sexual orientation, and refused to employ gay men. The court dismissed this claim (Roback, 2012). Part: ii In common law legal system, contract refers to an agreement formed between two or parties in respect to the two or more parties and all the parties involved in the contract are having one or more obligations to each other. In any valid contract, there should be three major elements. The elements are offer, acceptance and consideration (Barnett, 2012). The contracts can be done in writing or verbally. An example of verbal contract is Carlill v Carbolic Smoke Ball Company. In case of the breach of a contract, the damages should be given by one party to another. The damages can be in form of monet ary values. In the case given, it can be found that Malcolm wanted to buy a laptop and he wanted to replace his existing laptop. Ruth wanted to sell a laptop for  £500. The cost of a new similar laptop is  £900 and as the laptop offered by Ruth is only six months old, Malcolm thought that it is a great deal but the problem was that Malcolm did not have enough money in hand to buy the laptop. He had  £300 in hand and he needed another  £200 to buy the laptop and he told Ruth that he would buy the laptop if he could arrange the money by borrowing from his friend. Ruth stated that it was fine and she also told that she would keep the offer open for one week i.e. till next Monday at 2PM. So, one thing which is evident in the case is that there has been no contract formed between Malcolm and Ruth that the transaction will be done between them (McKendrick, 2011). As stated above, there are three major elements present in any valid contract. In this case, the offer to sell the lapt op has been made by Ruth. Ruth told to sell the laptop for a price of  £500. It means that the offer is valid. The second element which should be present in any contract is consideration. Malcolm considered the deal and he thought it is a great deal as the similar new laptop costs  £900 and the laptop is only six months old and  £500 is quite a good value for the laptop. So, it is a good deal. The consideration is also valid. An example of consideration can be found in the case of Hyde v Wrench. But, one thing which is evident in the case is that the offer has not been accepted by Malcolm as he stated that he would buy the laptop only if he could arrange the money by borrowing from his hand. No contract has been formed between Malcolm and Ruth stating that Ruth cannot sell the laptop to anyone else other than Malcolm (Fruehwald, 2012). In the case, Malcolm was not sure whether he would be able to buy the laptop or not. As Malcolm did not promise to buy the laptop to Ruth, it c an be stated that no contract has been made between Malcolm and Ruth. It has been stated in the case that Malcolm’s friend stated that he would lend  £200 to Malcolm and Malcolm immediately tried to reach Ruth over telephone but Ruth was not present in home to take the call. Malcolm has conversation with Ruth’s sister and he told her that he has got the money and he would go to Ruth to buy the laptop on Monday morning by 10AM but Ruth’s sister failed to pass the message to Malcolm. It can be stated that the fact that Ruth was not present in the home to take the call is unintentional. Another thing which is evident in the case is that Ruth’s sister failed to inform Ruth about the matter which is an evidence of negligence and Malcolm can sue her for this (Furmston, 2012). Unknowingly about the matter that Malcolm has arranged the money, Ruth told her friend Sophie that she is going to sell the laptop and he offered Sophie to buy the laptop. As there is no contract present between Malcolm and Ruth and Malcolm did not promise to buy the laptop when Ruth had conversation with Malcolm or Malcolm did not give some money as advance and he did not have any legal document, Ruth can sell the laptop to anyone. Ruth told Sophie that she would sell the laptop. There has been a valid contract between Ruth and Sophie as all the major elements of a valid contract is present in the contract between them. The offer has been made by Ruth that she would be selling the laptop and Sophie considered the offer from different aspects and she agreed to buy the laptop and finally, she accepted that offer. Sophie purchased the laptop from Ruth by handing over the money and the contract has been formed between them. On Thursday afternoon, Ruth posted a letter to Malcolm revoking the offer. According to the law of contract, revocation can be considered as a type of remedy for the offeror. As per the UK contract law, an offer can be revoked by the offeror before the offer has been accepted but the offeror should inform the offeree about it. In the case of Malcolm and Ruth, it can be found that Ruth posted a letter to Malcolm immediately after selling the laptop to Sophie. In a case, Brogden v Metropolitan Railway Company, the Railway Company had another way to inform about the revocation. In this case, Ruth did not have a second way to inform about it considering the matter that she did not have the phone number of Malcolm (Atiyah, 2012). So, Malcolm cannot sue Ruth on the grounds that she did not inform Malcolm about the revocation. It is evident in the case that unfortunately on Friday, due to the four days postal strike, the letter was not delivered to Malcolm. The strike was called off suddenly and Ruth did not have any idea about the strike while she posted the letter. So, Malcolm cannot take any type of legal step against Ruth for not informing him about the revocation of the offer. There has not been any breach of contract. So, from the analysis, it can be concluded that there are a number of elements present in a valid contract and in the given case, Malcolm cannot take any legal step against Ruth as no valid contract has been made between them. After the offer has been given to Malcolm by Ruth, Malcolm neither accepted the offer nor did he promise to purchase the laptop in a specific time period. He only stated that he would buy the laptop if he could arrange the money from her friend. If Malcolm had given some money as advance to Ruth and a contract has been made based on that then Malcolm could sue Ruth for revoking the offer but in this case, nothing has been made as such. So, Ruth sold the laptop to her friend, Sophie, who accepted the offer immediately after the offer has been made by Ruth. Ruth also followed all the terms present in a valid contract. A valid contract was also formed between the Ruth and Sophie which is legally correct. As stated above, Malcolm cannot also sue Ruth for revocati on of the offer as she tried to inform Malcolm about the revocation but due to the sudden postal strike, the letter did not arrive to Malcolm which is entirely unintentional.

Symbols Within The Metamorphosis By Franz Kafka - 1149 Words

Topic 3: Symbols Within The Metamorphosis Throughout a person’s life, multiple changes occur that can be viewed as either good or bad depending on the circumstance. Change is an unavoidable happening that shapes someone’s identity and their perception on life, and the ability to accept the changes that occur in a lifetime is what keeps living things prospering. If change can not be received favorably, then it will ultimately be the conclusion for those that can’t adapt. The inability of acceptance of change by both himself and others around him is shown in the novella The Metamorphosis by Franz Kafka. In the novella, Gregor has had the unfortunate alteration of being changed into a bug and he is no longer able to provide for his family. Not only does Gregor feel unable to adapt to this new change, but his family completely avoids him and sees him as a new burden for them as he is no longer worth anything in their eyes. Often when someone is faced with a large neg ative change to their life others may exile them in order to avoid facing their change. The theme of exile is shown through The Metamorphosis with symbols such as the apple, his father’s uniform, and the door. Within many literary works, the presence of religious symbols is a very common use in order to show themes such as banishment and negative ideas. In The Metamorphosis, Gregor is faced with the same form of dismissal as Adam and Eve within the bible. When Gregor’s father encounters his son in his newfoundShow MoreRelated A Portrait of Franz Kafkas Life in his Fictional Story, Metamorphosis1515 Words   |  7 PagesPortrait of Franz Kafkas Life in his Fictional Story, Metamorphosis Franz Kafka seems to have had a tough time growing up with his father, who was apparently a domineering, unapproachable man. 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Financial Exigency in Universities free essay sample

At the very least, an institutions financial faculties can lead to the reallocation Of resources; at the worst, they can threaten the institutions existence. Faculty travel budgets and money for new faculty appointments are often early casualties. In the more serious cases, faculty and staff appointments are terminated, and academic programs and departments are reduced or eliminated. Some institutions ultimately close their doors.Because a college or universitys financial problems and an administrations response to them can significantly affect faculty rights, faculty appointments, and the substance of academic programs, faculty have keen interest in learning about these problems as soon as they start to emerge. Unfortunately, an institutions financial difficulties can catch members of the faculty by surprise, too late for them to participate meaningfully in decisions about how the institution should respond to these problems. An institutions declaration that it is in dire financial straits, like a declaration of war, often comes too late to avert disaster, if it comes at all. Over the years, the American Association of University Professors has developed standards and procedures to enable colleges and universities to rote academic freedom and to ensure academic due process when they have to contend with serious financial problems. Prairie, 201 0) In addition, the AUP, under the auspices of its Committee A on Academic Freedom and Tenure, has investigated and reported on numerous instances in which the termination of appointments of faculty members on stated grounds of financial exigency has been deeply flawed, both procedurally and substantively.A college or university budget is all of the following: a mechanism for setting institutional priorities; a plan of action for the institution; a summary of commitments made by those who have participated in the budgeting process; a mechanism for communicating to all members of the campus community the institutions objectives and the means to meet those objectives; and the outcome of negotiations over what activit ies should be funded and at what levels. The allocation Of financial resources among competing demands is plainly a complex and crucial task for any college or university.The AUP has long held that the governing board, the president, and the faculty should participate in financial decisions according to their reticular expertise and responsibilities. The governing board is expected to husband the endowment and obtain capital and operating funds; the president is expected to maintain existing institutional resources and create new ones; the faculty is expected to establish faculty salary policies, and, in its primary responsibility for the educational function of the institution, to participate also in broader budgetary matters primarily as they impinge on that function. The facultys role in budgetary decisions should therefore be well established before a financial storm engulfs the institution. Such a role is, in any case, consistent with, and helps advance, the principle of shared authority in institutions of higher education. In addition, the faculties are also more likely to support budgetary decisions when they have participated meaningfully in reaching those decisions, including decisions that may prevent bad financial problems from becoming worse.Moreover, an institutions administration and board of trustees are more likely to give serious attention to faculty views during a financial crisis if they have worked productively with the faculty On budgetary matters in better times. At the name time, the faculty must be sensitive to concerns about the confidentiality of financial information. An administration contending with serious financial problems is likely to resist the wide circulation of budget figures. If bad news is lurking in the number s, the institutions situation might get worse if information becomes widely known and affects enrollment decisions and alumni giving. An administration might therefore conclude that sharing financial information with faculty who are on a budget committee is reasonable, but that circulating it to the faculty as a whole is fraught with risk. Effective collaboration among the faculty, administration, and governing board during a financial crisis requires that the collaborators be able to draw on a reservoir Of mutual trust that has been built up in better days (Knight, 2004). Early in its history, the JAPE recognized that a college or university could legitimately terminate faculty appointments, including appointments with tenure, on grounds of financial exigency.In 1 925, the AUP joined in formulating the American Council on Education Conference Statement on Academic Freedom and Tenure, which provided that: Termination of armament or long-term appointments because of financial exigency should be sought only as a last resort, after every effort has been made to meet the need in other ways and to find for the teacher o ther employment in the institution. Situations which make retrenchment of this sort necessary should preclude expansions of the staff at other points at the same time, except in extraordinary circumstances.As for the faculty member whose appointment is actually terminated, the AIR calls for at least one year of notice or severance salary for the individual who has served at least eighteen months at the institution. In addition, released professors are granted recall rights. Their places will not be filled by a replacement for a period of three years, unless the affected individuals have been offered reinstatement and a reasonable time in which to accept or decline the offer. Colleges and universities react in different ways to serious budget shortfalls.On many campuses, the administration has worked effectively with the faculty to identify measures- such as cutting tuition and fees to increase enrollments, reducing programs in foreign countries, selling off local properties, or increasing alumni intrusionsthat are intended to help the institution survive and perhaps even prosper. Other institutions have reacted with what an outside observer might characterize as panic, with the administration and governing board making decisions precipitately with little or no regard for discussing proposed actions with the faculty.In these latter cases, the financial problems have been compounded by serious rifts between the faculty and administration; the resulting d istrust has exacerbated the financial woes by further damaging the institution (Viewpoint, 2009). Because such a large proportion of a college or a universitys operating expenses are linked to salaries and benefits, it is obvious why the payroll is often the first target for budget reductions.And because faculty salaries and benefits account for a significant portion Of an institutions total payroll expenses, complaints from faculty about personnel decisions, especially decisions that result in the termination of faculty appointments, are the typical spurs for the ALGAL to become involved in a campus case. In its early years, the JAPE conducted a handful of investigations into cases in which serious reasons existed to doubt that an administration had considered alternatives short of terminating faculty appointments as a remedy for the institutions financial problems.But the Japes ongoing engagement with the termination of faculty appointments for financial reasons began in 1974. In the spring of that year, the Association published a report on Bloomfield College in New Jersey and began work on a revised and expanded text of the applicable provisions of the AIR. As indicated above, the latter document has become the benchmark against which the AUP has judged actions taken by administrations and governing boards to resolve their institutions financial problems.The desirable thing to do about financial exigency and governance issues is for colleges and universities, through joint action by the faculty, administration, and governing board, to ensure that sound standards and procedures exi st to deal with budgetary problems in good times and bad, and to ensure that what is applied in actual practice matches the stated standards and procedures. An institution can take additional steps to improve and strengthen joint decision aging in budgetary matters.First, colleges and universities should adopt and distribute widely a formal statement of the respective roles and responsibilities of the governing board, administration, and faculty in decisions about the institutions budget. Without a carefully framed policy, an institution may be forced to rely on ad hoc responses to unanticipated problems. Second, each institution should communicate key budget decisions to all members of the campus community. As this report has noted, faculty who serve on budget committees should have access to all information they quire to carry out their tasks effectively.In addition, the large majority of faculty who do not serve on these committees need to be kept informed of the substance of budget decisions. Budget decisions, especially those addressing a financial crisis, should foster no suspicion that they are being made by members of a select group more concerned to protect their own academic interests than to safeguard the institution as a whole. Third, institutions might prepare a roster of faculty members who are expert in various facets of budgeting.The roster could serve as a resource not only for he administration but also for other faculty members or college and unive rsity committees that want to learn about budgeting and institutional finances but do not know who can assist them. Fourth, institutions should develop ways to encourage faculty interest in serving on budget committees and to reward such service. This can involve giving serious weight in personnel decisions to responsible participation in institutional governance, and providing opportune ties, through workshops and retreats, for faculty to keep abreast of new developments in budgeting, financing, auditing, and accounting.Fifth, institutions should prepare regular reports on the effectiveness of their mechanisms for reaching budgetary decisions with the goal of improving them. These recommendations are aimed at improving an institutions ability to solve serious financial problems. The solutions each institution develops will reflect its own history and traditions, and the specific nature of the financial problems besetting it. Terminations usually reduce expenses (and can also reduce revenue), but a good deal can be done to preclude the necessity for that extreme step.

Mechanical Energy Essays - Energy Conversion, Energy Development

Mechanical Energy Have you ever wondered how a jet aircraft lifts its tremendous weight off the ground, or what gives a runner the stamina to reach the finish line in a race? In order to answer all these questions we must talk about the transformation of one sort of energy into another. The jet aircraft gets its power from jet turbines. These powerful jet engines create a high-pressure stream of very hot gases that push the aircraft forward as they leave the engine. This is an example of heat being transformed into movement. This is sometimes described as Mechanical Energy. However, this transformation could not take place without the fuel that the aircraft gets within its wings or fuselage. Fuel is considered a chemical energy. Fuel can take the form of gases, solids or liquids. When fuels combine with oxygen from the air, they release their stored energy as heat. We recognize this process as burning. The individual relies on food for fuel which contains energy-giving substances that our bodies can store until we need this energy to use our muscles. When we do use our muscles within us, we may not always be sure that heat is given off. Our bodies do not burst into flames but the perspiration on our skin is a clue to what is happening. The movement of the windsurfer has a different explanation. The windsurfer is propelled along by a sail which collects mechanical energy from the winds that sweep along the water. This energy has been produced by the sun which warms the earth's surface and sets the air above in motion. The sun's heat comes to the earth as a form of radiant energy. When the heat reaches the surface of the earth, it causes the land or seas to rise in temperature. The sun is very hot. Infact, the center of the sun can reach temperatures of up to 27 million degrees Fahrenheit. This is because of another kind of energy reaction where new substances are continually being created as others are being destroyed. This reaction is known to us as the Nuclear Reaction. Today we are trying to imitate this reaction in improving our energy supply. Scientists have calculated that the sun has enough fuel to go on producing energy at its present rate for about five billion years. On earth man-made nuclear reactions are used to produce a form of power we know as electricity. Electricity can be transformed into other kinds of energy such as heat, light and radio waves. Humans have also used the idea of nuclear reactions as a type of weapon. We call this powerful weapon the Atomic Bomb. Electrical energy can also be used to produce laser beams. This involves energy being concentrated to a specific narrow point where the impact of so much power creates heat able to cut through metals. Bibliography Discovering Energy, Frazer, Frank Trewin Copplestone Books Ltd, 1981. Encyclopedia Britannica, Vol. 6 Encyclopedia Britannica, 1979.