Read This Next’A Quiet Place Part II’ Sets Pandemic Record in Debut WeekendFamily ProofHiking Gadgets: Amazon Deals Perfect For Your Next AdventureFamily ProofBack on the Rails for Summer New York to New Orleans, Savannah and MiamiFamily ProofYoga for Beginners: 3 Different Types of Yoga You Should TryFamily ProofAmazon roars for MGM’s lion, paying $8.45 billion for studio behind JamesFamily ProofIndian Spiced Vegetable Nuggets: Recipes Worth CookingFamily ProofTortilla Mango Cups: Recipes Worth CookingFamily ProofWhat to Know About ‘Loki’ Ahead of Disney+ Premier on June 9Family ProofCheese Crostini: Delicious Recipes Worth CookingFamily Proof whatsapp whatsapp TRADE union Unite is preparing to wage a legal war on British Airways (BA) as the fight between the two gets set to hit the courts once again. Unite is to launch a legal battle at the High Court this week over the removal of travel perks for up to 7,000 cabin crew who went on strike for 22 days this year at a cost to BA of £150m.The dispute over travel perks, which include heavily discounted fares, are a bitter point of dispute between BA and Unite.A date has not been set for the appearance but Unite said it is expected before the end of the week. A Unite spokesperson said: “We are being forced to defend our members and their rights to just treatment in the court room because BA refuses to play fairly at the negotiating table.”In a similar move, Unite will come head to head with the British flag-carrier in the Court of Appeal on 11 and 12 October, over claims that BA’s reduction of crew numbers on long-haul flights was a breach of contract.Unite took BA to the High Court earlier this year over the disagreement, but the court threw out the dispute and ruled in BA’s favour. “The ruling found that the modest changes to onboard crew numbers on flights from Heathrow were reasonable, did not breach crew contracts and could therefore remain in place. We will defend our position vigorously,” said BA. Unite will also head to the European Court of Human Rights by the end of this month to challenge the UK government’s interpretation of ballots held for industrial action. FAST FACTS | UNITE LEGAL ACTIONThis week: Unite takes BA to High Court.This month: Unite heads to the European Court of Human Rights over UK balloting laws. Next month: Unite takes BA to Court of Appeal. Monday 20 September 2010 8:58 pm Share KCS-content Tags: NULL Unite to wage legal war on BA in courts by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastNoteabley25 Funny Notes Written By StrangersNoteableyMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesBrake For ItThe Most Worthless Cars Ever MadeBrake For ItBetterBe20 Stunning Female AthletesBetterBemoneycougar.comThis Proves The Osmonds Weren’t So Innocentmoneycougar.comautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.com Show Comments ▼
Share We need more large multinationals whatsapp More From Our Partners Astounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comMark Eaton, former NBA All-Star, dead at 64nypost.comRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.org whatsapp Show Comments ▼ POLITICIANS often try and drive a wedge between small and large businesses. The former are portrayed as the real heroes, to be helped whenever possible (albeit only rhetorically, of course); the latter are treated with suspicion. Like much of what passes for informed debate these days, however, this distinction is bogus. Small and large firms are both equally vital to the economy; their relationship is quietly symbiotic.Small firms create a large chunk of new jobs; they are a central driver of entrepreneurial innovation and risk taking. They create the new large businesses of tomorrow. We need more entrepreneurs. But large multinationals are just as essential to economic performance: they are responsible for promoting best practices, importing knowledge and know-how from all over the world and are the key drivers of productivity growth. Governments should aim to create a level playing field, maximise competition and dismantle subsidies and artificial barriers. That means ensuring that the new resolution procedures and all the other reforms to the banking sector remove any artificial, state-created advantage to big firms. It also means ceasing to heap ever more labour market regulations onto business – the extension of paternity leave will, like all similar measures, hit smallest firms hardest as they don’t have vast resources or infrastructure in place to deal with constant staff upheavals. The best research on how multinational are essential to economic growth can be found in a recent report from McKinsey, the management consultants. The analysis focuses on the US but all the conclusions are identical for the UK – if anything, they are even more likely to hold here in our ultra-international economy. At last count, US multinationals directly accounted for 23 per cent of US private-sector value added (indirectly, if all contractors were included, many of them smaller firms, this would rise to 34 per cent). Since 1990, however, they have been responsible for 31 per cent of the growth in GDP and 41 per cent of gains in US labor productivity, which is hugely disproportionate. Given that productivity increases account for nearly three-quarters of US economic growth since 2000, with the rest coming from employment gains, multinationals are thus critically important – and will be equally so in all other Western and Asian economies where the labour force is slowing or in decline. Compared with other companies, multinationals are twice as concentrated in globally competitive sectors. They account for three quarters of private R&D spending. They pay higher average wages than other companies. They account for almost half US exports and more than a third of its imports.This is why we should be deeply worried by two phenomena: there are too few world-beating giant multinationals being created in the UK; and many existing ones are relocating their HQs for tax purposes out of Britain. Both these trends must be reversed. The coalition is right to care about small firms (though, in practice, this is just useless lip-service). But it is wrong to be so relaxed about the exodus of corporate HQs of many of the largest firms, including WPP, Henderson and Shire. Britain needs once again to set out to attract multinationals, not to repel them. There is not one moment to [email protected] me on twitter: @allisterheath Sunday 16 January 2011 11:05 pm Tags: NULL KCS-content
Manufacturers: FréquencesSave this picture!© Arthur PéquinRecommended ProductsEnclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsFiber Cements / CementsULMA Architectural SolutionsPaper Facade Panel in Leioa School RestorationEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornEnclosures / Double Skin FacadesFranken-SchotterFacade System – LINEAText description provided by the architects. This project involves building 93 multi-family and mid-range housing units in the Berges du Lac-Ginko development area, which forms part of the urban renovation scheme for the north of Bordeaux.Save this picture!© Arthur PéquinContextWidely referred to as Ginko, this new district sets out to redefine the components of urban life: the place occupied by cars, how people get around, the distribution of energy, the shape of the urban fabric, the relationship with nature, and so on.Save this picture!Floor PlanOn the scale of the city block, we thought carefully about how to arrange habitually separate programmes—residential buildings, mid-range housing, row houses, and detached houses—in the most appropriate way.Save this picture!© Arthur PéquinArchitectural approachThe juxtaposed « cascade » arrangement both attenuates the block-like effect typical of long, low-rise developments and avoids urban sprawl. This fragmented massing makes it easier for residents to appropriate the homes, and we have ensured that most of the units command views of the lake.Save this picture!© Arthur PéquinSo that pedestrian movements take precedence over vehicular traffic, the ground floor homes have private gardens that surround the car park inside the block and make the street more attractive.Save this picture!© Arthur PéquinThe car park roof on level 1 is designed as a communal garden: this makes it possible for residents to walk around inside the block and between the buildings.Save this picture!SectionBecause the lobbies are at ground floor level, each building thus has three entrances: from the street, from the car park itself, and from the landscaped car park roof.Save this picture!© Arthur PéquinDividing the buildings into four lots has made it possible to offer dual-aspect flats and corner balconies.Save this picture!© Arthur PéquinProject gallerySee allShow lessBeyazıt State Library / Tabanlioglu ArchitectsSelected ProjectsBUFS Chapel / Architects Group RAUM + Nikken SekkeiSelected ProjectsProject locationAddress:Bordeaux, FranceLocation to be used only as a reference. It could indicate city/country but not exact address. Share Photographs: Arthur Pequin Manufacturers Brands with products used in this architecture project Ginko / Hessamfar & Vérons Ginko / Hessamfar & VéronsSave this projectSaveGinko / Hessamfar & Vérons Photographs “COPY” France ArchDaily CopyHousing•Bordeaux, France Architects: Hessamfar & Vérons Area Area of this architecture project Save this picture!© Arthur Péquin+ 17 Share Area: 6893 m² Year Completion year of this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/792011/ginko-hessamfar-and-verons Clipboard Year: 2015 Projects Housing ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/792011/ginko-hessamfar-and-verons Clipboard “COPY” CopyAbout this officeHessamfar & VéronsOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingBordeauxFrancePublished on July 26, 2016Cite: “Ginko / Hessamfar & Vérons” 26 Jul 2016. ArchDaily. Accessed 11 Jun 2021.
Tackle some cod fundraising AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Howard Lake | 4 October 2000 | News Advertisement The current fashion for nude calendars raising funds for charity started with the Rylstone and District Women’s Institute’s calendar in 1999. Since then we’ve had nude rugby players, firemen, butchers, fox-hunters, “real Yorkshiremen”, and others. The latest group to join this bandwagon are anglers. You can now order online a £3.99 calendar of nude fishermen and women and £1 will be donated to the Orchid Cancer Appeal for research into testicular and prostate cancer.Visit fishing.co.uk. 24 total views, 3 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis
Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey RELATED ARTICLESMORE FROM AUTHOR News LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Twitter Pinterest Google+ WhatsApp Facebook Almost 10,000 appointments cancelled in Saolta Hospital Group this week Twitter Three factors driving Donegal housing market – Robinson Pinterest WhatsApp By News Highland – May 16, 2014 Previous articleMayor of Donegal blasts Government as pensioners with medical cards face paying higher USCNext articleConvoy man who died in farming accident named News Highland The Department of the Enviroment has allocated 106 thousand euro of funding for public enhancement projects in Co. Donegal.The money, which is the second highest allocation in the country, will be spent in six location improving access and safety to public areas for local communities and visitors.The work includes car park improvements at Magheraroarty Pier, a walkway to holy well in Doneyloop and a three-mile walkway between Falcarragh and Creeslough.Junior Minister Dinny McGinley says the funding is a welcome boost:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/05/dinny1.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Google+ Donegal to get €106,000 for public enhancement projects Guidelines for reopening of hospitality sector published Calls for maternity restrictions to be lifted at LUH Facebook
News UpdatesPetitioner In Jail Because He Is Poor; Can’t Deny Him His Freedom: U’khand HC Reduces Amount Of Sureties For Bail [Read Order] Sparsh Upadhyay14 Sep 2020 10:59 PMShare This – xWhile reducing the amount of sureties for Bail of a “poor person”, the Uttarakhand High Court on Thursday (10th September) observed that the petitioner could not get his freedom back because he could not arrange for sureties.The Single Bench of Justice Ravindra Maithani further remarked,”In the instant case petitioner is in jail because he is poor. It cannot be afforded, it should not happen…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginWhile reducing the amount of sureties for Bail of a “poor person”, the Uttarakhand High Court on Thursday (10th September) observed that the petitioner could not get his freedom back because he could not arrange for sureties.The Single Bench of Justice Ravindra Maithani further remarked,”In the instant case petitioner is in jail because he is poor. It cannot be afforded, it should not happen and this Court will not allow it to happen.”The Court was hearing the Writ Petition of one Ajeet Pal, who was in judicial custody in Crime No. 56 of 2018, under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985, Police Station Premnagar, District Dehradun.Background of the matterThe Petitioner challenged the order dated 10.10.2019 passed by the Special Court Dehradun, by which, his request to reduce the amount of sureties had been rejected.It may be noted that the applicant was enlarged on bail by the High Court, on 16.08.2018, in Bail Application No. 1317 of 2018, but he could not arrange for sureties.The Petitioner was required to submit sureties by the concerned court, on 28.08.2018, but as stated, he could not manage the sureties.In the month of October 2019 he moved an application from jail that the amount of sureties may be reduced, but this application was rejected by the Court concerned, on 10.10.2019, on the ground that the orders passed cannot be reviewed in view of Section 362 of the Code of Criminal Procedure, 1973.Thereafter, he moved the Legal Services Authorities and the ‘High Court Legal Service Committee, Nainital’ had taken this cause. This gesture of ‘High Court Legal Service Committee, Nainital’ was duly acknowledged and appreciated by the Court.Court’s ObservationsThe High Court, while referring to the Judgment of the Apex Court in the case of Moti Ram v. State of Madhya Pradesh, (1978) 4 SCC 47, (wherein the Apex Court had quoted certain observation of American President Lyndon B. Johnson, in para no. 15 of the Judgment), remarked,”Petitioner is not in jail because he has been convicted, the petitioner is not in jail because he has denied bail, but he is in jail because he cannot secure sureties.” (emphasis supplied)Consequently, the Applicant/Petitioner was directed to be enlarged on bail, subject to his furnishing a personal bond of Rs.5,000/- only. With this, the instant writ petition stood disposed of accordingly.It is interesting to note what the Apex Court had stated (quoted observation of American President Lyndon B. Johnson) in the Case of Moti Ram (supra) in para no. 15. We are reproducing the said para of the Judgment as hereunder:-“15. It is interesting that American criminological thinking and research had legislative response and the Bail Reforms Act, 1966 came into being. The then President, Lyndon B. Johnson made certain observations at the signing ceremony:Today, we join to recognize a major development in our system of criminal justice : the reform of the bail system.This system has endued-archaic, unjust and virtually unexamined -since the Judiciary Act of 1789.The principal purpose of bail is to insure that an accused person will return for trial if he is released after arrest.How is that purpose met under the present system? The defendant with means can afford to pay bail. He can afford to buy his freedom. But the poorer defendant cannot pay the price. He languishes in jail weeks, months and perhaps even years before trial.He does not stay in jail because he is guilty.He does not stay in jail because any sentence has been passed.He does not stay in jail because he is any more likely to flee before trial.He stays in jail for one reason only-because he is poor . . . .” Case Details:Case Title: Ajeet Pal v. State of UttarakhandCase No.: Writ Petition (Criminal) No. 778 of 2020Quorum: Justice Ravindra MaithaniAppearance: Advocate Gauri Devi Dev (for the Petitioners); D.A.G V. K. Gemini (for the State).Click Here To Download Order[Read Order] Next Story
Related posts:No related photos. It’sa well known fact that UK employees work the longest hours in the EU and the Governmentis keen to redress the issue. Research confirms flexible hours lead to a moreproductive workforce yet HR finds itself culpable in setting a bad example byworking ever longer hours. Phil Boucher reportsPicture the scene. You have been working all day, your in-box has beendefeated and in theory you’re free to go home any time you wish. Only, nobodyelse is leaving – they’re all waiting for the HR director to walk out beforethey make a move. Does this sound horribly familiar? Unfortunately, it will to many. Accordingto the CIPD, the TUC and the Department of Trade and Industry, the UK has alonger working week than anywhere else in Europe. The most recent survey offull-time employees by the European Commission’s Statistical Office, Eurostat,shows staff in the UK clocked up an average of 43.6 hours compared to their EUcounterparts of 40.3 overall. The TUC’s About Time report also claims that 2.5m managerial or professionalemployees currently work more than 48 hours a week – a figure that unavoidablyincludes members of the HR profession. In a recent speech at the TUC’sconference of the same name, Secretary of State for Trade and Industry PatriciaHewitt outlined the Government’s determination to tackle this issue by settingemployers a five-year deadline to correct the situation (see box overleaf). It is also a matter of concern to the CIPD whether the benefits of workinglong hours are commensurate with the cost to people’s health, performance and output.While it places HR in the vanguard of tackling the issue, the institute alsobelieves the profession has its own long-hours problems to address. MikeEmmott, CIPD adviser on employee relations, says: “HR is part of themanagement and therefore if there is a culture of long hours HR is likely to bea part of that.” Inevitably HR is implicated in its failure to drive the debate on flexibleworking. Unless it leads by example HR will fail for the simple reason thatpeople ask: “If HR isn’t doing it, then how can we?” As Cary Cooper, Bupa professor of organisational psychology and health atthe University of Manchester Institute of Science and Technology, (UMIST)points out: “HR is a fundamental function in the organisation. And at themoment it sends out the wrong signals. How can you on the one hand say ‘reducehours, introduce flexible working, aim for a better work-life balance, manageyour human resources properly and minimise stress’, when by your behaviour youare conveying the absolute opposite? It undermines everything you are trying toachieve.” But before HR is able to tackle its own long-hours problem it has toidentify the reasons for them. Research by Roffey Park Institute suggests thatpresenteeism plays a part in 60 per cent of all cases nationally. However, HRis also likely to suffer from the excessive workloads that the About Time studysays accounts for half the long hours worked by professionals. A glance through Personnel Today’s Head to Head section which quizzes HRdirectors about their roles reveals, without exception, that HR directorstypically work 50-60 hour weeks. And of all the reasons given it is theworkload that’s most commonly cited. John Marsh, head of personnel at the Prison Service is a typical example ofthis. He admits to working a 55-hour week, but explains: “The reality isthat I am a senior manager and the hours I undertake are a combination ofworkload, the fact that I am new to the area and am on a learning curve, andmost of all that I enjoy it – I would never do them otherwise.” There are other reasons. Linda Holbeche, director of research at RoffeyPark, believes HR suffers from a cultural desire to reward those who work longhours. Many of the areas HR is involved in such as industrial relations andcultural change programmes also lend themselves to long meetings and endlessreams of time-consuming paperwork. As a result many HR professionals see long hours as part and parcel of theirjob when in fact they are symptoms of bad practice. “It’s important that HRfocuses on ensuring it understands the reality of peer pressure within its owndepartments, where people feel they will miss out career- wise if they do notstay late,” Holbeche says. “It’s a case of looking at the policiesand working more subtly to challenge the main practices that support longhours.” But along with examining the long-hours culture within its ranks, HRprofessionals have to consider the impression they make. As it has set itselfup as a champion of flexible working arguably it has a duty to achieve bestpractice on long hours. The difficulty is deciding how to achieve it. Theo Blackwell, policy specialist at the Industrial Society, believes HR hasto lead by example and demonstrate that flexible working is the key to solvingthe long-hours problem. “If HR departments see the need for flexibleworking but cannot get this message across, then they can hardly expect otherdepartments to take the lead,” he says. “HR has to drive the debateby pursuing the idea of flexible working and showing the business benefitsthrough its own example.” The good news for HR is that there are plenty of examples from which to takea lead. Microsoft has designated a number of ‘HR role models’ within its HRteam, for instance, who make sure the rest of the function do not work too manyhours. Their job is to lead by example and demonstrate the benefits of flexibleworking to the rest of the company. Jill Crowther, HR manager for Microsoft, says: “Our HR role modelsensure the rest of HR team members make time to pursue their outside interests.We follow the example of the head of HR, Steve Harvey who is a real believer inthe business benefits of a rounded lifestyle.” Microsoft’s company policy helps enforce this as it is designed to create anenvironment where people have freedom over their day. Much of this hinges on anannual employee survey which notes both the hours people are working and howsatisfied they are with undertaking them. The result is an enlightened working environment that tries to match individualand corporate needs. In the US, Microsoft even encourages its programmers towork shorter hours by pledging money to charity for every day they leave workon time. Whether or not this would work in every company is contestable but theprinciples of leading by example and considering the benefits of shorter hoursare universal. As Bupa’s Professor Cooper, of UMIST, says: “It is about setting anexample and then communicating this to the rest of the organisation.” A flexible working programme run by British Telecom’s HR team has enabled5,000 employees to work from home and shaved £220m off real estate costs. Andthe starting point for BT was an HR department which realised the long-hoursculture could only be challenged by taking the wider view. Since then BT’s HR department has worked closely with line managers andfuturologists to focus on other areas of the business that can be shifted fromthe current obsession with long hours. HR takes a lead role in the developmentof flexible working practices as well as in the way BT conducts its business.Caroline Waters, director of employment policy at BT, says: “We shouldn’tjust be tackling the long-hours culture. We should be changing the wholeemployment environment.” Toy manufacturer Mattel has also enjoyed a dramatic improvement in staffmotivation and morale since it introduced a ‘summer hours’ package more than ayear ago. This enables staff to leave work at midday on Fridays and encouragesthem to take time off to explore outside interests. The idea is to focus on how individual happiness relates to the bottom line.Dr Aysen Broadfield, European HR director of Mattel, says: “HR’s role isto identify issues relating to motivation, productive or unproductive stressand the productivity of individuals. Since the summer hours were introduced wehave noticed people react more constructively to work demands, workloads andlong hours.” By taking steps like these HR can drive the debate on flexible working.Unless it leads by example, how can HR credibly enforce the message? Steps to achieve a work-life balance The Government has announced a raft of legislation aimed atcurbing the long-hours culture. This includes– The Working Time Directive is to beextended in the next 18 months, to include the transport sector, offshoreworkers and junior doctors. Legislation on 16 and 17-year-olds will betightened. Employees will also get four weeks paid holiday a year.– Statutory maternity pay willincrease by up to £100 a week from April. Maternity leave will also beavailable for up to a year and fathers will be entitled to two weeks paidpaternity leave for the first time.– Employers will also have toconsider a parental request for flexible working from next year and eitheragree new arrangements, or provide hard business reasons for why they cannot beput in place.– Elsewhere, the Government isplanning to reform working time in the public sector by developing codes ofbest practice across departments. A working party has already been set up in theDTI and the Cabinet Office is engaged in sharing these ideas around Whitehall.– Private-sector employers are beingencouraged to draft similar programmes in co-operation with unionrepresentatives, who themselves are being pushed to negotiate individualworkplace agreements on working time.– To help business come to terms withthese changes and advise them on the whole issue of challenging the long-hoursculture, the DTI has introduced two guides from the DTI’s Work-life BalanceCampaign: ‘Work-Life Balance: The Business Case’; and ‘Work-Life Balance: TheEssentials Guide’.– These provide case studies of employers which havesuccessfully managed to curb their workers’ hours along with advice on how tochallenge the situation.– A study programme has been set upto investigate the impact of shorter hours on productivity and the success ofthe Working Time Directive. This will investigate best practice and successfulinnovation in the Netherlands, France and the US to see which practices can betransferred to the UK.For information call the work-lifebalance campaign on 0870 1502 500, or contact the DTI on 020 7215 5000 (www.dti.gov.uk) Previous Article Next Article Wasting timeOn 26 Mar 2002 in Personnel Today Comments are closed.
Related posts:No related photos. Comments are closed. Previous Article Next Article The rising star of the employment contract is undoubtedly the implied termof mutual trust and confidence. Karen Seward and Sheila Fahy chart its meteoricrise to fameIt is a product of our time. Just like the internet and DVDs, the impliedterm of mutual trust and confidence was once a far-fetched concept. Now it isseemingly used by everyone, everywhere, for everything. The key to its ‘success’ is that it is framed in general terms, so it can beapplied to almost any situation. It has strengthened the position of employeesby filling gaps in the law not covered by legislation. Employers can no longerrely on the absence of legal rules in any area to protect them if their conductis so bad it undermines the employment relationship. Inappropriate comments One of the early appearances of the implied term of mutual trust andconfidence was in the late 1970s in the case of Courtaulds Northern TextilesLtd v Andrew  IRLR 84. During the course of a heated argument, a manager told an employee:”You can’t do the bloody job anyway.” He responded by resigning andclaiming constructive dismissal. Accepting that there was no truth in the manager’s comment, the EAT held theemployee was justified in claiming constructive dismissal. It said there was animplied term in employment contracts that employers would not, withoutreasonable and proper cause, conduct themselves in a manner calculated orlikely to destroy or seriously damage the relationship of confidence and trustbetween the parties. Mobility clauses In United Bank v Akhtar  IRLR 507, the implied term of mutualtrust and confidence was used by the employee to override the express terms ofthe employment contract. A mobility clause in Akhtar’s employment contractpermitted the bank to require him to transfer to anywhere in the UK where thebank had a presence. The bank had discretion to pay relocation and other allowances.Akhtar was asked to move from Leeds to Birmingham with less than one week’snotice. When he asked for more notice to sell his house and so forth, the bankrefused. To make matters worse, it offered no financial assistance. The difficulty for the tribunal was that, under normal principles ofcontract law, an implied term cannot override the express terms of theemployment contract. Nevertheless, it manoeuvred its way around this problem tofind in the employee’s favour. It held that while the implied term of mutual trust and confidence could notoverride the express mobility provision, the latter had to be interpreted insuch a way that it included an implied requirement that reasonable notice wouldbe given, and that discretion concerning financial assistance be exercised in away that allowed the employee to comply with his contractual obligations. Thebank appealed – but to no avail. Permanent health insurance The same principles have been applied in the context of permanent healthinsurance. The High Court held that – except where summary dismissal isjustified – the employer could not terminate the contract while the employeewas incapacitated for work if this would remove their entitlement to benefitunder the PHI scheme (Aspden v Webbs Poultry and Meat Group Holdings IRLR 521). References In TSB Bank v Harris  IRLR 157, the bank breached the impliedterm of mutual trust and confidence by giving a reference to a prospectiveemployer which mentioned complaints against Harris of which she was unaware,and which she had been given no opportunity to answer. This was despite thefact the bank was required to make such disclosures under the rules governingthe regulation of the financial services industry. The EAT pointed out the bank could have discussed the complaints withHarris, giving her a chance to put her case, before making the disclosures. Bonuses Bonuses have also been touched by this troublesome term. In the case of Clarkv Nomura International plc  IRLR 766, the High Court held thatemployers must not operate discretionary bonus schemes in an irrational orperverse manner. Enhanced benefits The application of the term in Transco plc v O’Brien  ICR 721was particularly tough on the employer. O’Brien was denied the opportunity toenter into a revised contract of employment with enhanced redundancy terms,which were offered to 75 other permanent workers. Transco did not offer the terms to O’Brien because at the time, he was notconsidered a permanent employee. But the Court of Appeal ruled that this was abreach of the term of mutual trust and confidence. To deprive one member of alarge workforce of the same benefits as their colleagues is likely to seriouslydamage the relationship of trust and confidence between employee and employer. Stigma damage The widely publicised case of Malik v Bank of Credit and CommerceInternational SA (in compulsory liquidation)  ICR 606 was also acontractual claim for breach of the term of mutual trust and confidence. The House of Lords held that the bank breached the term when it carried outfraudulent business practices – the stigma of which prevented former employeesfrom obtaining work afterwards. The court’s groundbreaking decision ruled thatfor the first time, it was possible for employees to recover damages forongoing financial loss. Damages had previously been limited to the noticeperiod. Damages for the manner of the dismissal As the law stands, damages for the manner of a dismissal can be awarded incases brought under the statutory unfair dismissal scheme, but not incontractual claims related to the term of mutual trust and confidence. What ismore, case law has thrown up a confusing distinction between cases where theemployee is dismissed, and those where they are suspended. In a recent trust and confidence case Johnson v Unisys  IRLR279, the House of Lords confirmed the rule that those bringing a contractualclaim for wrongful dismissal cannot claim damages for the manner of thatdismissal. It pointed out that as the statutory unfair dismissal scheme payscompensation for the manner of the dismissal, it was not necessary for thecourts to develop a common law remedy as well. The implied term of mutual trustand confidence was concerned with the preservation of the employmentrelationship, and therefore had no place in dismissal claims. Then Gogay v Hertfordshire County Council  IRLR 703 muddied thewaters. This was a contractual claim for damages for clinical depression,caused by the employee’s suspension and the employer’s failure to properlyinvestigate the allegations that led to it. The court found in the employee’sfavour and said the strict rules in the Johnson case did not apply as the Gogaycase related to a suspension, not a dismissal. The upshot of these and other recent cases is that where the employer’sbreach of the term of mutual trust and confidence leads to the employee beingsuspended, the employee can recover damages, but where it results in dismissal,he cannot. Employers could be forgiven for thinking they would be better offdismissing an employee at an early stage, rather than suspending the matter tocomplete an investigation. Clearly, this cannot be right. Hot off the press, meanwhile, is the latest Court of Appeal decision ontrust and confidence in McCabe v Cornwall County Council  EWCA Civ1887. A number of schoolgirls complained of inappropriate sexual conduct bytheir teacher, Mr McCabe. Five days after the complaints were received, McCabewas suspended, without being given details of the allegations made against him.It was not until four months later, while still under suspension, that McCabewas finally made aware of the allegations. From then on, he suffered from psychiatric illness. During the course of thenext three years there were three disciplinary hearings, each unfavourable toMcCabe. In the end he was dismissed, even though it was found that his originalconduct could have been described as relatively trivial. The High Court dismissed the case – the Johnson principle barred the claimbecause it related to the manner of the dismissal and Gogay only applied insuspension cases falling short of dismissal. But the Court of Appeal took adifferent view. It said that dismissal is not an automatic bar to a claim ofbreach of the term of mutual trust and confidence; if an employer’s conductwould have entitled the claimant to bring a claim had it not been for thedismissal then there may be a case to answer. However, in some cases, theconduct that the employee claims has breached the term, will be so closelylinked to the dismissal that the Johnson bar will still apply. The difficulty is knowing where a distinction can be drawn. The Court ofAppeal indicated factors that may be relevant: – Whether the employer has embarked on disciplinary proceedings withdismissal already in mind – Whether warnings have been issued and under what circumstances – Whether there is a natural break in the disciplinary process before the dismissalbecomes a practical proposition – Whether the injury complained of is attributable to the employer’s conductImplications for employers Because trust and confidence claims can be brought in almost any area ofemployment, it can be hard to see them coming. What do they look like? Afterall, the cases described above appear to have little in common. There is some comfort in the fact that what they do share are examples offairly extreme treatment of one form or another – treatment that is irrationalor perverse, wilfully high-handed, or seeks to gain advantage from theemployer’s position of power over the employee. The abuse of managerial discretion is another possible target for this sortof claim. Beware, for instance, of operating bonus and other incentive schemesand appraisal processes in secrecy. Transparency in how bonuses are awarded andthe process underpinning the appraisal system will be key to avoiding claims. In short, it seems there is potentially a risk attached to any decision thatputs the employee in a difficult or impossible position without giving them thechance to put his case. On the disciplinary and grievance side, there are things employers can do tominimise exposure to potential claims. Ensure comprehensive disciplinary andgrievance procedures are in place, and that those responsible for operatingthose procedures are adequately trained. Delay in managing a problem will be a crucial element in mutual trust andconfidence claims, especially where it has an adverse effect on the employee.There are likely to be more stress and psychological injury claims arising fromsituations where the employer has dithered over a grievance, disciplinaryhearing or investigation. Employers must make sure they manage decisively. Partner Karen Seward and professional support lawyer Sheila Fahy are membersof Allen & Overy’s employment, pensions and incentives department t Trust me, I’m an implied termOn 1 Mar 2003 in Personnel Today
69, departed from us on November 13, 2017 to meet up with her brother Anthony Roble and her parents. Diane was born and raised in Jersey City, later moving to Bayonne where she had a very happy life. Diane is survived by her daughter, Antoinette Fischer and her husband John; her son, Anthony Rodrigues and her grandson John Fischer and her heart Brooke Fischer (BOSHKA); her niece Monica Curran & her children D.J. Hay-lee & Jayden her nephew Jason Roble & his wife Jennifer & their children Brianna & Little Jason; her nephew Eric Roble & his wife Milagros & their children Anthony, Eric & Boo; her sister-in-law Robin Roble; her sister Ronnie Roble; her ex-husband Tony Rodrigues: her cousins Barbara Gleason; Linda Turner & her children Jacqueline & Catherine & Cherylee Holder: her many special friends Mary Ann Clark, Jacqueline McDuffie, Laura Ricciardi, Phil Clark, & Christi Bunting. The family wants to thank Rona Silverman for all her help; her god daughter Diane, who was named after her. She retired from Meadowview Hospital, Secaucus. In lieu of flowers, the family requests donations to a Cancer organization of your choice. Funeral arrangements by GREENVILLE MEMORIAL HOME, 374 Danforth Ave., Jersey City.
Greggs has teamed up with owners of Spar, Blakemore Retail to trial franchise offerings in c-stores. The Greggs range is currently being trialled in a Scunthorpe Spar site, with plans to open in Leegomery and Louth later this year. The Scunthorpe site features a smaller range than what is offered in high street chains, and is focused on Gregg’s top selling products. It has also seen the introduction of a breakfast bar seating offering, to appeal to nearby student customers.Greggs franchise team ran a four-week training programme for store staff to enable them to manage the offering.Martin Kibler, Greggs’ business development and property director said: “We are delighted to team up with Blakemore Retail for this trial, which is in keeping with our strategic plan focusing on growth in the food-on the go market, where convenience for customers is key to success.“Blakemore Retail is an excellent operator in the convenience sector and I hope this will be the beginning of a long and successful relationship.”Matt Teague, Blakemore fresh food development manager told British Baker’s sister publication Convenience Store: “The company’s franchise partnership with Subway has shown us that the Spar brand can benefit from trading with other strong brands. It is hoped that the well-recognised Greggs brand will add value to the Spar brand, giving existing and new customers a further reason to shop in Spar stores.”