Friday, September 6, 2019
Level 3 Childcare Education Essay Example for Free
Level 3 Childcare Education Essay Describe the initiatives which influence the provision of challenging environments for children (5 marks) There are different types of international, national and local initiatives which influence the provision of challenging environments for children. An example of an initiative is the Forest Schools. ââ¬ËA Forest School is an innovative educational approach to outdoor play and learningââ¬â¢ http://www. forestschools. om/what-happens-at-a-forest-school/ Forest schools can influence the provision of a challenging environment, as the teachers can take the children in small groups every week to the local woods to have a better understanding of the outdoor environment and itââ¬â¢s linked to the curriculum. By doing this it enables children to be able to be in a safe environment when exploring and having adventures so they can see what things they can do when they go into the woods next time. It can also help children with problems such as language problems as this allows them to speak about the experience they are having which can then be taken to the classroom and then it could be turned into a story to help the child. When going into the woods it helps to cater the behaviour for the problem children and it also teaches children when they can and canââ¬â¢t mess around. It also focuses on the fundamental aspect of the Forest School innovation educational approach. The Forest School provides ways for meeting learning objectives while developing practical life skills and encouraging child-initiated learning, which is observed and assessed. Lots of young children prefer to be outside than in the classroom environment because they can find it more exciting and they might pay more attention. Word Count- 240
Quicksilver Essay Example for Free
Quicksilver Essay Quiksilver purchased Skis Rossignol for $560 million in 2005, but is selling Rossignol in 2008 for $147 million. [1] It owned golf-equipment maker Cleveland Golf up until October 31, 2007, when it sold the company to a Japanese sporting goods company. [2] The companys DC and Hawk brands are also synonymous with the heritage and culture of surfing, skateboarding and snowboarding, and its beach- and water-oriented swimwear brands include Raisins, Radio Fiji and Leilani. The Rossignol, Dynastar, Lange, and LOOK brands are leaders in the alpine ski market, and the Company makes snowboarding equipment under its Rossignol, Dynastar, DC, Roxy, Lib Technologies, Gnu and Bent Metal labels. Quiksilver also carries a line of high-end apparel and accessories under its QuiksilverEdition brand. In the fall of 2008, Quiksilver will introduce its newest brand, Quiksilver Womens, aimed at the 18 to 24-year-old demographic. Quiksilver also supports the worldwide boardriding community through its self-titled foundation launched in 2005. The Quiksilver Foundation works to provide environmental, educational, health and youth-related projects to worthy boardriding communities around the globe. Quiksilver Travel also offers snow and surf travel packages to exotic locations such as Samoa, Peru and Costa Rica. TypePublic (NYSE: ZQK) FoundedAustralia (1970) HeadquartersHuntington Beach, CA, USA Key peopleRobert B. McKnight, CEO Chairman of the Board ProductsApparel, sporting goods Revenue^ $2. 362 billion USD (2006) Net income^ $107. 12 million USD (2006) Employees7,875 Quiksilver Today Quiksilver operates over 600[3] stand-alone stores in major cities across Australia, New Zealand and the Pacific, Europe, North and South America, Asia, and Africa. There are two types of Quiksilver operated stores which are known as either Boardriders Club or Factory stores. Their products are also sold in many other outlets across the world such as the Fells Point Surf Company or the Ron Jon Surf Shop. In addition, the company operates a number of separate Roxy and Quiksilver Youth stores. As of 2008, Quiksilver sponsors around 500 amateur and professional surfers, snowboarders, skiers, and skateboarders. Among them are surfer Kelly Slater and skateboarder Tony Hawk. They also have the naming rights to the Quiksilver Pro surfing tournament for men and Roxy Pro tournament for women in Gold Coast (Australia) and France. [edit]Quiksilver Womens After four decades marketing primarily towards males, Quiksilver developed a line of clothes for women. The collection includes a full range of knits, wovens, dresses, denim, essentials and organic cotton tees. iteLA As part of the introduction of its new collection for women, Quiksilver selected six women to be Visionaries in Residence at Quiksilverââ¬â¢s siteLA, a communal work and exhibition space in the Silver Lake neighborhood of Los Angeles, California. The residency program is a year-long engagement for women working in and across creative cultural fields. Although they have been selected for their independent projects, t hey share a communal workspace and together create public programs and host special events at siteLA.
Thursday, September 5, 2019
Case study: Emotions in the workplace
Case study: Emotions in the workplace Emotions are essential to humans as they permeate almost every aspect of our lives insofar as they guide our behaviour to fit with contextual demands. Emotions also motivate change and facilitate learning. They inform us when to fight or flight and serve as fundamental social functions. (Gross, 1999). As emotions are fundamental social functions, all emotional events are situations that are relevant to a persons well being. The type of event varies according to their valence (positive versus negative) and according to the strength of subjective feelings and physical reactions that they elicit in a person. There has been a number of studies that focus on the components and the importance of emotions. Existing research however lacks the events that cause emotional experiences. This research will focus on understanding the events that and the type of emotional experiences this will cause. Components of Emotions Emotion which is a term used widely in everyday language, constitutes a hypothetical construct, i.e., a conceptual and operational definition of an underlying phenomenon that constitutes the object of theory and research. Most modern emotion theorists have adopted a componential approach to emotion, suggesting that an emotion episode consists of coordinated changes in several components. Most of the theories in the field of recognise that emotion and cognition are intertwined. But emotion is not simply a cognitive process (Frijda, 1988) It is actually recognised as being: a psychological construct consisting of several aspects of components: a) the component of cognitive appraisal or evaluation of stimuli and situations, b) the physiological component of acitivation or arousal, c) the component of motor expression, d) the motivational component, including behaviour intentions or behaviour readiness, and c) the component of motor expression, d) the motivational component, including behaviour intentions or behaviour readiness and e) the component of subjective feeling state. (Scherer, 1984). Psychological arousal: This can be defined as physiological changes such as temperature sensations, respiratory and cardiovascular accelerations and decelerations, trembling muscle spasms, as well as feelings of constrictions in internal organs, are frequently part of emotion descriptions. (Ekman et al., 1983; Frijda, 1986; Stemmler, 2004). These neurophysiological changes in emotional episodes are generally attributed to (1) th emotion eliciting event disturbing ongoing homeostatic regulation and the smooth behavioural coordination, and (2) the preparation of appropriate adaptive responses (e.g., producing the necessary energy for appropriate actions such as fight or flight). Motor Expression: Facial and vocal expression, as well as gestures and posture during emotion episodes are generally considered to be central motor components of emotion (Ekman, 1984,1992; Izard, 1971). Darwin (1872/1998) conceptualized expression rudiments of formerly adaptive behaviours (e.g., clenching ones teeth as a rudiment of a biting response). In response, emotion researchers have highlighted the communicative functions of emotion expressions, informing others of an individuals reaction and its corresponding behaviour patterns. (Ekman, 1992; Frijda, 1986; Scherer, 1984; Tomkins, 1962). Subjective Feeling Individuals verbally report a multitude of qualitatively different feelings, using a rich emotion vocabulary. These internal sensations, often considered as necessarily conscious experiences, constitute irreducible qualities of feeling unique to the specific emotional experience of a particular individual (Frijda, 1986; Lazarus, 1991; Ortony Turner, 1990). The feeling component of emotion can be conceptualized as a reflection of all changes in components during an emotion episode, i.e., the results of event appraisal, motivational change, and proprioceptive feedback from motor expression and physiological reactions. It is important to define differentially the concepts in this fashion, as the tendency to use emotion (the process as a whole) and feeling (one of its components) as a synonyms results in confusion. (Scherer, 2000) Behaviour Preparation Emotion theories of an explicitly componential persuasion have explicitly postulated a motivational function of emotional responses in the form of behaviour preparation or action tendencies (Frijda, 1986: Scherer, 1984). Emotions interrupt ongoing goal-directed behaviour and produce action tendencies that are specifically adapted to dealing with the environmental contingency that has elicited the emotional response. Importantly this component of emotion generally prepares a general behaviour readiness as well as several alternative action tendencies allowing the organism to choose according to context and strategic considerations. Cognitive processes Emotions also have a cognitive component. This component consists of the appraisal processes that drive the coordinated changes in the components described above. Proponents of appraisal theories of emotion suggest that emotional reactions are determined by the subjective evaluation of events with respect to their significance for the well-being and goal attainment of individuals. (Scherer, 2004) In addition, emotions often have strong effects on perceptual and cognitive processes such as attention, thinking, memory, problem solving, judgement, decision making and the like. (Dalgleish et al. 1999) Furthermore it is important to understand the valence of emotions, hence various researchers have done research on everyday emotional experiences e.g. Boucher, Brandstatter Eliasz, Oately Duncan, Scherer Tannenbaum, Scherer, as well as Wallbott, Summerfield. This research has shown that the most frequent occurring emotional events are generally associated with relationships with other people (eg. Partner, family, friends), work-related situations, attainment of personal goals and life changes. Positive emotional events may include birth of a child, receiving a present, attending a concert or getting a job. Negative emotional events encompass critical situations, such as arguing with a close friend, learning that a family member is ill etc. (Scherer, 2004). Emotions link structure and agency, meaning that they are the link between social structure and social acting. (Barbalet, 2002). A widely held view in contemporary emotion psychology is that emotions or at least a core subset of emotions, are organised patterns of more or less specific cognitive, experimental, behavioural (action-related), expressive, and physiological components. This assumption which is frequently motivated by the hypotheses about the evoluntary origin and biological function of emotions is the common denominator of syndrome theories of emotion and it is shared by authors of otherwise fairly different theoretical persuasions. (Ekman, 1992; Izard 1977) This has an impact on how emotions can either distort individuals perceptions by imparing judgement and biasing information retrieval, or they can improve the accuracy of individuals perceptions by highlighting what is important and what is at stake. (Seo Barrett, 2007). In studies of escalation of commitment, emotions appeare to have a direct influence on the decision of whether to persist or withdraw from a failing situation. An example of this can be demonstrated by Wong and Kwong (2006) where it was demonstrated that the desire to escape the unpleasant emotions people during a decision-making dilemma can lead to de-escalation of commitment. In contrast, a study by Wong and Kwong (2007) found that the possibility of feeling regret can cause people to increase escalation of commitment. The importance of emotions in the workplace Organisations involve complex relationships that are interdependent often competitive and compulsory. Employees must often interact with a range of people not necessarily of their choosing. A hierarchical relationships normally characterises most organisations which includes status differences that are primarily caused by an emotional response. ( Tiedens, 2001) In organisations, employees learn what is expected and what is acceptable by means of social norms (Bettenhausen Murnighan, 1991; Chatman Barsade, 1995; Salancik Pfeffer, 1978). One type of organisation norm involves the emotions expressed by employees in the workplace (Kelly Barsade, 2001; Rafaeli Worline, 2001). Though almost all situations have implicit expectations concerning which emotions are appropriate or inappropriate to express (Ekman, 1973), employees frequently display certain emotions in the workplace in reaction to organisational-specific situations or events (Ashforth Humphrey, 1995; Martin, Knopoff Beckman, 1998) and as a way of fulfilling their work roles (Hochchild, 1983; Rafaeli Sutton, 1991; Sutton, 1991; Van Maanent Kunda, 1989). There is consistent evidence that the expression of certain emotions or at least of some specific response components for example, anger, fear, enjoyment, sadness and disgust the infamous basic emotions is distinctive and universal among the human species. (Ekman, 1993). The expression of other emotions, sometimes dubbed social or self-conscious emotions, such as shame, guilt, grief or embarrassment, does not seem to be universal, although patterns of expression are highly consistent within a socio-cultural setting. It seems patterns of expression are highly consistent within a socio-cultural setting. It seems that in whatever way the different expressions of these emotions may have evolved, as long as individuals stay in the cultural or social structure setting they were socialized in, they are on the safe side when it comes to interpreting emotion expressions. Thus, emotion expressions are a potent signaling device capable of conveying clues that allow the mutual attribution of un derlying feeling states. Moreover, emotion expressions also allow the inference of other corresponding mental states that are constituent for the emotion expressed. These attributions function as mechanisms that reduce social complexity and intercept double contingency circuits. They furthermore allow forseeing the consequences of an emotion for individual behaviour, the course of interaction, and the overall group behaviour. (Hortsmann 2003). This explains the reason why emotion expression may influence decision making. This is done by shaping individuals beliefs about the social environment (Baron, 1992). An emotion can be like a perceptual lens to determine what is potentially threatening to an individual in a particular situation hence determining a belief about the social environment. As the decision making is context is marked by uncertainty, decision makers behaviour is likely to be strongly influenced by cues in the social environment (Taylor, 1979). Through experience one will be able to understand and display certain emotion expressions. This is as a result of individuals being able to shape employees beliefs about what is expected, what is acceptable, and the possible consequences of things going wrong. In this way, emotion expression norms have a direct influence on decision making behaviour. These norms help influence beliefs about the social environment. It has been further proven that individuals are more sensitive to negative cues than to positive ones (Rozin Royzman, 2001). Further negative cues elicit stronger affective and behavioural reactions than do positive ones (Cacioppo, Gardner, Berntson, 1999). Experience and expression of negative emotions drive people to avoid situations that could lead to negative outcomes, such as threats and failure (Carver, 2001; Higgens, 1997). Based on above some it is in can be deduced that employees learn what is acceptable by means of social norms (Bettenhausen Murinighan, 1991; Chatman Barsade, 1995; Salancik Pfeffer, 1978). Though almost all situations have implicit expectations concerning which emotions are appropriate or inappropriate to express (Ekman, 1973), employees frequently display certain emotions in the workplace in relation to organization-specific situations or events (Ashforth Humphrey, 1995; Martin, Knopoff Beckman, 1998) and as a way of fulfilling their roles (Hoschchild, 1983; Rafaeli Sutton, 1991; Van Maanen Kunda, 1989). Therefore we can deduce that emotion expression may influence organizational decision making by shaping individuals beliefs about the social environment (Baron, 1992). Beliefs concerning emotions expressed in the workplace can affect decision making behaviour by acting as a perceptual lens to determine what is salient to an individual in a particular situation (Lazarus Folkman, 1984). Organizational decision making often occurs in the context of ambiguous cues (Bronckner, 1992; Staw, 1997) Organisational decision making often occurs in the context of complex and ambigious cues (Brockner, 1992; Staw, 1997). Because the decision making context is marked by uncertainty, decision makers behaviour is likely to be strongly influenced by cues in the social environment (Taylor, 1979). Coworkers emotion expressions can shape employees beliefs about what is expected, what is acceptable, and the possible consequences of things going wrong. In this way, emotion expression norms do not have a direct influence on decision making. Rather norms influence individuals beliefs about the social environment. Emotional fit will help an employee keep his/her emotional resources at optimum levels. The deviation between the activation levels of affective trait and emotional climate will make the workplace emotionally draining environment for the employee. (Gardner and Cummings, 1988). An important topic in the psychology of emotions is whether an emotional experience and reactions result from innate biological patterns or whether such reactions and experiences are culturally determined. Charles Darwin (1872) was one of the most influential in this discussion, arguing for innate emotion programmes and using an intriguing multitude of research tools now common in cross cultural psychology, such as observations and questionnaires. Other theories of emotion including Tomkins (1962/1963), Izard (1977) and Ekman (1984), followed his line of reasoning and succeeded in demonstrating cross-cultural equivalents of facial expression patterns for some fundamental emotions. On one hand, cultural relativists like Birdwhistell (1970), have proposed that emotional experiences and reactions differ depending on cultural factors. These include the following aspects namely: the nature of the emotion eliciting the situation (in particular psychological symptoms, nonverbal reactions li ke facial or vocal expressions, subjective experiences or feeling state of a person and the regulation attempts used to control or manage the situation and the emotional reactions (Wallbott and Scherer, 1985,pp 763-764). That is, in order to address the question of universality versus cultural specificity of emotion, one has to demonstrate conclusively that situations eliciting specific emotions are the same across cultures, that reactions and symptom patterns accompanying emotional experiences are universal, and that control and coping attempts used to regulate emotional experience are the same worldwide. The above demonstrates the importance of having an emotional fit as well as the importance of emotions in the workplace. Emotions are seen as one of the basic functions of the human psyche and therefore play a central role in psychology (Salovey Mayer, 1990), especially in work and organisational psychology, both in theoretical and applied settings. Emotions exist in everyday workplaces and they impact on peoples performance. Because this impact can sometimes be detrimental, a belief in relegating emotions behind the rule of logic and reason is deeply engrained in modern managers psyche. In truth, this belief goes all the way back to the teachings of Plato who saw logic as the path to objective truth, while emotions were simply irrational temptations to be avoided. This belief was entrenched in the principles of scientific management developed by Frederick Taylor in the early 20th century, and continues to permeate modern society (Kapp, 2000). Emotion has represented a tantalizing subject for social inquiry because it appears to tell us about our true selves : the self that , after all the thinking an d the interacting are done, feeling the welling up of rage , the tender pangs of love , the black emptiness of despair. (Boellstorff Lindquist , 2004). The function of emotion evolves into a process that not only permits the evaluation of the consequences of another behaviour but also aids in the prediction of anothers emotional behaviour. (Darwin, 2005). Being as we spend most of our time at work, it is important to understand the impact that emotions will have on our fit to an organisation emotionally, the link between emotion and climate of an organization as well as copying responses to an exhausting environment. Emotional fit will help an employee keep his /her emotional resources at optimum levels. The deviation between activation levels of affective trait and emotional climate will make the workplace an emotionally draining environment for the employee. This proposition is line with the activation theory. Activation theory holds that every individual has characteristic level of activation that he/she is motivated to maintain in his/her environment. Assuming that emotional climate has an influence on employees affective experiences at work and considering the strongly intertwined relationship between activation and emotion, it is plausible to argue that the emotional climate of a workplace comprises a force that can influence the experienced activation level of employees in the workplace. (Maslach, 1982). When there is an emotional fit, as a copying response to the exhausting impact of the workplace, the employee will attempt to emotionally detach himself/herself from other people and develop a depersonalized response to them (Cordes and Dougherty, 1993). This tendency will be reflected in the way the employee expresses emotions whilst interacting with others at work. Specifically, when there is a misfit between an employees affective trait and the emotional climate of his/her workplace, the employee will engage in surface acting while interacting with others, which refers to altering ones displayed emotions to be able to express the desired behaviours at work (Hochschild, 1983). Supporting this argument, prior research has suggested that surface acting can be utilized by employees as a way of buffering themselves from emotional exhaustion. (Conrad and Witte, 1994) When an employees emotional resources are depleted as a result of emotional misfit, this will increase his/her tendency to psychologically and physically withdraw from work. From an employees intention to get back to his/her characteristics level of activation altered by the impact of emotional climate. When the work environment becomes psychologically uncomfortable, the employees often try to psychologically withdraw from the work environment by engaging in a number of non work related activities, such as daydreaming and spending time on personal matters (Lehman and Simpson, 1992). When there is an emotional misfit, the employees task performance will decrease because the excessive amount of tension and stress experienced by the emotionally exhausted employee (Maslach and Jackson, 1981) hinders his/her cognitive and attention capacity to perform his/her task effectively. (Eysenck, 1983). Emotional exhaustion has also been considered to result in lower level of self-efficacy expectations (Brief and Aldag, 1981) and reduced sense of personal adequacy, both of which are elements of task performance. (Maslach, 1982). We can thus assume that the expression of emotions in organisational life can have important consequences for the person displaying the emotion as well as for the person who is the target of this display. (Rafaeli Sutton, 1989). The impact of culture on emotions According to Frijda and Mesquita (1995), cultural influences on the emotions process are mediated to a larger extent by the significance an emotion has for an individual. Frijda and Mesquita distinguished among three aspects of emotion that are culturally influences. Frijda and Mesquita distinguished three aspects of emotion that are culturally influenced. First they are considered social consequences of emotions that regulates social expression and suppression of emotions. Second they stressed the importance of norms for experiencing different emotions. Thirdly they discussed social- cohesive function of emotions. Several ethnographic emotions, particularly in how the expressions of emotions is valued. There are strong cultural difference in display rules (Ekman Friesan, 1969; Izard, 1980) that are learning when going through the socialisation process (Saarni, 1999). There are also cultural differences in the norms for experiencing different emotions. (Hoschild, 1093). This would be relevant to the discussion regarding social norms that describe how people should feel in specific situations, eg., on a wedding day or at a funeral. In addition to the situational feeling rules, norms for the experience of emotions can also be present in a society in the form of generalized expectations. This means that the emotions can differ in their desirability and perceived appropriateness across situations. The emotion climate of nations can be characterized by generalized norms for experiencing different emotions an the fact that these norms are subject to historical change. (Stearns, 1994; Stearns Lewis, 1998).
Wednesday, September 4, 2019
Native American Essay -- Essays Papers
Native American The story of the pilgrims and Native Americans was always taught in elementary school during the Thanksgiving holiday. The teachers frequently called Native Americans ââ¬Å"Indiansâ⬠. It never crossed my mind that the word ââ¬Å"Indiansâ⬠was the politically incorrect way of labeling Native Americans until a student shouted it out to the teacher in 5th grade. It finally clicked in my mind that Indians are people from India not America. Native Americans were always portrayed to be accepting culture when confronted with the Europeans during Thanksgiving. In elementary school, everything is happy. I donââ¬â¢t even remember learning American history. Columbus sailed the ocean blue, thought he was in India, and started the trend of labeling Native Americans as ââ¬Å"Indiansâ⬠. In junior high school, I learned more about the Native Americanââ¬â¢s view on the colonization of America. They were people who were forced out of their land to make room for European settlements. Most Native American tribes were at war with the incoming settlers. Native Americans are people who celebrate and wor...
Tuesday, September 3, 2019
The Three Deaths in Hintons The Outsiders Essay -- The Outsiders
During the course of the novel ââ¬Å"The Outsidersâ⬠there are three linked deaths that change the relationships between the Curtis brothers in many different ways. The soc, Bob Sheldon, dies first. When Ponyboy and Johnny flee after Darry hit Ponyboy they run into their rivals Bob and his best friend Randy Adderson. Bob takes Ponyboy and starts drowning him until Johnny gets his switchblade out and kills Bob. After this, Johnny dies. Dally (a greaser with a criminal record) sends Ponyboy and Johnny to an abandoned church so they can hide after what they did. When they go to leave after a few days, the church catches on fire with a few elementary school kids trapped inside, so they go into the church to save them. When Johnny gets the last kid out, a piece of the roof falls on his back, breaking it. The last death is Dally. After Johnny dies, Dally goes crazy and robs a store. The police chase him and shoot him down because he pulled out a gun at them. As you can see at the beg inning of the novel, the brothers are constantly getting into arguments about stupid little things, but after Darry hits Ponyboy, things change. After these deaths, Ponyboyââ¬â¢s grades start dropping and he starts to lose sight of himself. Him and Darry get into many more arguments until Sodapop Curtis tells them to promise to stop arguing because itââ¬â¢s tearing him apart. They both agree and it makes their relationship really strong at the end of the novel. Although the Curtis brothers do not have a close relationship at the beginning of the novel, after experiencing the deaths of Bob, Johnny, and Dally, it makes their relationship stronger. The first death that occurs is of Bob Sheldon. After Ponyboy comes home from a late light with some of the soc girls, Darry ... ...n they are in the hospital when Johnny, Ponyboy and Dally return from Windrixville and Johnny is dying. Ponyboy realizes that Darry does actually care about him; he is just strict because he wants him to be better. At that point Ponyboy thinks that everything is going to be all right because he understands Darry now, but it just goes back to normal with all of the arguing. Finally Sodapop steps in after Dally dies and everyone is sad and feeling helpless. He tells Darry and Ponyboy to promise to never argue again because he doesnââ¬â¢t like it, and they agree. All of these conflicts in the novel ââ¬Å"The Outsidersâ⬠started with Darry hitting Ponyboy in the face. This lead to many different relationship problems between the Curtis brothers and three deaths that made the relationship very strong. Work Cited Hinton, S. E. The Outsiders. Puffin: New York, 1997. Print.
Monday, September 2, 2019
Depletion Of The Ozone Layer :: essays research papers
The ozone layer diminishes more each year. As the area of polar ozone depletion (commonly called the ozone hole) gets larger, additional ultraviolet rays are allowed to pass through. These rays cause cancer, cataracts, and lowered immunity to diseases.1 What causes the depletion of the ozone layer? In 1970, Crutzen first showed that nitrogen oxides produced by decaying nitrous oxide from soil-borne microbes react catalytically with ozone hastening its depletion. His findings started research on "global biogeochemical cycles" as well as the effects of supersonic transport aircraft that release nitrogen oxide into the stratosphere.2 In 1974, Molina and Rowland found that human-made chlorofluorocarbons used for making foam, cleaning fluids, refrigerants, and repellents transform into ozone-depleting agents.3 Chlorofluorocarbons stay in the atmosphere for several decades due to their long tropospheric lifetimes. These compounds are carried into the stratosphere where they undergo hundreds of catalytic cycles with ozone.4 They are broken down into chlorine atoms by ultraviolet radiation.5 Chlorine acts as the catalyst for breaking down atomic oxygen and molecular ozone into two molecules of molecular oxygen. The basic set of reactions that involve this process are: Cl + O3 -->ClO + O2 and ClO + O -->Cl + O2 The net result: O3 + O -->2O2 Chlorine is initially removed in the first equation by the reaction with ozone to form chlorine monoxide. Then it is regenerated through the reaction with monatomic oxygen in the second equation. The net result of the two reactions is the depletion of ozone and atomic oxygen.6 Chlorofluorocarbons (CFCs), halons, and methyl bromide are a few of the ozone depletion substances (ODS) that break down ozone under intense ultraviolet light. The bromine and fluorine in these chemicals act as catalysts, reforming ozone (O3) molecules and monatomic oxygen into molecular oxygen (O2). In volcanic eruptions, the sulfate aerosols released are a natural cause of ozone depletion. The hydrolysis of N2O5 on sulfate aerosols, coupled with the reaction with chlorine in HCl, ClO, ClONO2 and bromine compounds, causes the breakdown of ozone. The sulfate aerosols cause chemical reactions in addition to chlorine and bromine reactions on stratospheric clouds that destroy the ozone.8 Some ozone depletion is due to volcanic eruptions. Analysis of the El Chichon volcanic eruption in 1983 found ozone destruction in areas of higher aerosol concentration (Hofmann and Solomon, "Ozone Destruction through Heterogeneous Chemistry Following the Eruption of El Chichon"). They deduced that the "aerosol particles act as a base for multiphase reactions leading
Sunday, September 1, 2019
Employment Law
Introduction This report will outline key arguments surrounding contemporary debates on UK employment law, which will provide a critical analysis from those that argue there is too much legislation and those that suggest there is not enough. It is beyond the scope of this report to generalise on employment law as a whole; it will therefore focus on the right to request flexible working, such as under the Employment Act 2002 and The Work and Families Act 2006 that has been subject to various reforms, amendments and regulations. This legislation has formed a significant debate as to whether such interventions ensure that individuals achieve a work-life balance, promote efficient working practice or create an unnecessary burden on UK businesses (Chartered Institute of Personal Development (CIPD), 2005, British Chambers of Commerce (BCC), 2010). This analysis will also look at the introduction of new employment legislation for flexible working, and discuss the impact on working practices today, with a glance toward the shape of new legislation in the future (Chartered Management Institute (CMI),2008). FindingsBackground and ContextThe last three decades have seen a trend toward increasing employment legislation. At the same time the United Kingdom (UK) still has lower levels of employment protection and more labour market flexibility than other European states (Keter, 2010). The flexible market in the UK was inherited through the general laissez-faire attitude, where industrial labour and relation laws have been less state regulated than other European countries (Biagi, 2000). Keter (2010) suggests that todayââ¬â¢s flexible market is also the result of more recent trends, which from 1979 saw the introduction of more labour regulations in terms of statutes enacted, but with the aim of setting labour free of interference from state control and what was seen as unnecessary social partners, such as trade unions (ibid). The introduction of a New Labour administration however saw a shift toward more family friendly employment legislation. A European directive from 1997 (European Coun cil Directives 97/81/EC and 98/81/EC) provided that part-time workers be entitled to the same rights as comparable to full-time employees. The directives required European member states to implement laws, regulations and provisions to eliminate discrimination against part-time workers. The aim was to facilitate the development of part-time and other working time arrangements, that were flexible and met the needs of both employers and employees (Danzinger & Waters Boots, 2008). In order to promote citizens full participation in the labour market, the enactment of The Employment Relations Act 1999, while continuing to ensure that labour relations were free of state control, provided a floor of rights, such as increased rights for fixed and part time workers, (Biagi, 2000). Along this trajectory, the Employment Act 2002 introduced legislation providing employees with young or disabled children the right to request flexible working arrangements by their employers, that was subsequently extended in The Work and Families Act 2006 to allow the same rights for carers of adults (Davies, 2011). Lewis and Campbell (2007) suggest that New Labourââ¬â¢s concern with promoting a ââ¬Ëwork-lifeââ¬â¢ balance underpinned itââ¬â¢s ideological approach to welfare, that saw active citizenship for all achieved principally through labour market participation (Levitas,2005). For all to participate, legislation has provided for the extension of childcare services and ma ternity leave and the introduction of parental and paternity leave. Further, rather than reducing working hours, the Labour government promoted the right to request flexible working hours as a way for families to manage their working patterns with their caring responsibility timetables (Busby and James, 2011). Hill et al (2001) describe flexible working to include activities such as; part-time, job sharing and homeworking or any variation outside of working the traditional nine until five working day. For example, working from home, where such practices are facilitated due to advances in mobile technologies (Civicus, 2008). Lewis & Cooper (2005) argue that although in principle flexible working can take many forms, in reality, the main flexibility that UK employers offer is a reduction of working hours. From an employerââ¬â¢s perspective, employment legislation can also be seen as promoting the creation of work patterns and arrangements in order to maximise employment productivity, customer satisfaction and staff efficiency (Pettinger, 1998). This demand, Pettinger suggests, has come about as a result of the expansion of global markets, competition and choice, pressures on resources and increasing customer demands, together with changing patterns of consumption (ibid). Therefore, Pettinger (1998) suggests that against this backdrop, flexibility can be seen as a corporate attitude, whereby a fully flexible labour market is seen as generating a more effective workforce. Faulkener (2001) argues that while it is recognised that it is the above drivers that have influenced the development of flexible working practices, there is also another important agenda. Here, Jones and Jones (2011) identify that family friendly legislation is more representative of the ââ¬Ëbusiness caseââ¬â¢ for flexible working legislation, which revolves around the identification of recruitment pools, particularly women, and the older population, who have yet to be fully exploited (Faulkener, 2001, Jones & Jones,2011). Arguments Against more Employment Legislation According to a British Chambers of Commerce (BCC) (2010) report on employment regulation, a survey of British businesses see an emerging consensus that the proliferation of legislation providing flexible working conditions has become increasingly problematic. The report argues that the shift from the regulation of collective bargaining to individual employment contracts, later evolving into the volume and complexity of statutory legislation today, has led to difficulties with understanding and compliance (ibid). The report specifically attacks the piecemeal legislative approach to flexible working shown by the latest introduction of laws and regulations (see Appendix 1) According to the BCC (2010), such an approach has been criticised by businesses. The problem for companies is that constant changes in the law mean that employers must incur the cost of familiarising themselves as each new law is enacted, where there is a greater risk of mistakes. As a result, businesses need to bring their knowledge up to date since the previous change in the law, such as through employment law books and guides or paying for legal advice. Consequently, the report argues, employment legislation can act like a tax, by raising costs (ibid). The Department of Trade and Industry (DTI) (2006) argue further that even if there is a belief that the increase of employment law can improve the flexibility of the labour market, there are still questions as to whether such legislation is fit for purpose. Against a backdrop of increasing employment legislation, a National Audit Office (2009) research paper also casts doubt over whether governments are able to understand business enough to design effective legislation. The BCC (2010), representing one hundred thousand businesses, suggest that due to the volume and complexity of employment legislation, in particular small and medium-sized enterprises (SMEs), now need professional legal advice to settle disputes. In reality, the BCC argue, it is less expensive to settle disputes with the employee and prevent reputational damage than it is to defend a claim. The BCC therefore recommends streamlining and reducing the amount of legislation, for example, in a similar way that the anti-discrimination laws became consolidated by the Equality Act 2010 (ibid, 2010). Despite such criticisms, not all the findings in the business sector are negative. According to a Chartered Institute of Personal Development (CIPD) Survey Report (2005), who surveyed Human Resources professionals from over six hundred companies, the majority saw employment law as making a positive contribution to their businesses. This research suggested that the main barrier to effective implementation of employment law is the perception that there is too much employment legislation (ibid). In response, the Annual Employment Law Review by the Department for Business Innovation and Skills (BIS) (2012) aims to tackle perceptions that there are ââ¬Ëtoo manyââ¬â¢ e mployment laws, through lobbying for reform, while ensuring that reforms are not at the expense of compromising fairness for individuals. The report argues that although businesses complain about the amount of employment legislation, in reality the UK has one of the most lightly-regulated labour markets among developed countries. Only the United States and Canada have lighter overall employment regulation (OECD Indicators of Employment Protection, 2008: cit in: BIS, 2012). Arguments in favour of more Employment Legislation The UKââ¬â¢s ââ¬Ëlight touchââ¬â¢ employment regulations may be reflected in their flexible working legislation. The right to request flexible working does not enforce employers to comply with individual requests, only to offer the procedures for them to do so. It is therefore argued that it is individuals (particularly with dependents) and the social organisations who support them, who favour increasing employment legislation, in order to provide fairness at work that ensures a work life balance (Burnett et al, 2012). In a 2012 report by Working Families and One Plus One, Happy Homes and Productive Workplaces, from a sample of over two thousand respondents, nearly eighty percent of respondents felt that flexible working was the most beneficial working arrangement (Burnett et al, 2012). However, the report argued that in order to support flexible working, further legislation was needed in order to promote arrangements that are mutually beneficial and embedded as a culture of flexibility, rather than an approach that manages requests as an exception to the norm (ibid). Along with relationship and family support organisations, a growing number of business and HR associations support further employment legislation and reform to push forward the benefits of flexible working (CIPD, 2013). Drawing on the findings of the 2011 Workplace Employment Relations Study (WERS) the CIPD suggest that employment legislation needs to increase, due in part to a lack of effective mechanisms to tackle labour relations. The report points to recent socio-economic and political changes in the UK where an increase in employment law is becoming ever more essential. For example, the facilitation of employment legislation during the 1980ââ¬â¢s and 1990ââ¬â¢s discouraged union membership and reduced collective bargaining powers. This is reflected in the WERS study, in 2012, which shows very low levels of employee engagement in collective bargaining, only six percent in privat e businesses, with fourteen percent of employee trade union membership in the same sector (Wanrooy et al, 2011). The near absence of collective bargaining, although removing employer constraints on freedom of action, raises concerns over employee voice, where employment legislation may be seen as an attempt to close this gap (CIPD, 2012). Danzinger and Waters Boots (2008), argue that in reality flexible working legislation does not go far enough. Unions and parent advocacy groups argue that many workers who would benefit from flexible arrangements do not ask for them out of fear of being refused, or because of a fear that asking may jeopardise their careers. Research suggests that employees will only ask for flexible work if they believe their requests will be approved. It is also argued that flexible working legislation may reinforce gender inequalities by linking flexible work and care responsibilities, reinforcing a ââ¬Ëmother career trackââ¬â¢ that pairs women with demotions of pay and position. Further, unfair dismissal claims, involving refusal of flexible working, tend to favour women, who can rely on anti-discrimination legislation, such as in Adedeji v The City of London Corporation (2007) (see Appendix 2), in order to strengthen their claims (ibid). Future Changes to Flexible Working Legislation New flexible working employment legislation to come into effect in 2014 appears to address some of the above criticisms. The government plans to extend the statutory right to request flexible working arrangements to all employees (with over twenty-six weeks service) whether they are a carer or not. This removes the present requirement that the employee must have caring responsibilities. In addition, the procedure for considering flexible working requests, which is currently very prescriptive, will be relaxed and employers will instead be required to consider requests in a ââ¬Ëreasonableââ¬â¢ manner and within a ââ¬Ëreasonableââ¬â¢ time frame (ACAS, 2014). Currently, it is possible for an employee to claim compensation due to the employerââ¬â¢s failure to comply with the procedures laid down in the Flexible Working (Procedural Requirements) Regulations 2002. In Bryan v Corporate Advertising Ltd ET/2105111/10, although the tribunal rejected Mrs Bryanââ¬â¢s claim that she was constructively dismissed and subjected to indirect sex discrimination, it was however held that the company had breached the procedures laid down by the 2002 Regulations. This procedural breach may no longer by relied upon under the 2014 legislation. However, successful claims may still be used under anti-discrimination legislation. In Commotion Ltd v Rutty [2006] IRLR 171 (EAT), it was upheld that the employee had been subject to constructive unfair dismissal and indirect sex discrimination, due to the employerââ¬â¢s failure to have any lawful reason to reject flexible working conditions. However, in Winfindale v Debenhams Retail plc (ET/2404134/10, 20 Aug 2010), it was held that there was no indirect sex discrimination where an employer showed that they took seriously a request to return from maternity leave on a part-time basis to a managerââ¬â¢s role. According to a Equality and Human Rights Commission report (2009), proposed changes in flexible working legislation will continue to fail to encourage workers in management positions to request flexible arrangements (EHRC, 2009). The report suggests that under current legislation, employeeââ¬â¢s in management positions are less likely to make a request for flexible working, and when they do, they are less likely to succeed (ibid). In the governmentââ¬â¢s Consultation on Modern Workplaces Report (2012), it is argued that current legislation that prioritises certain groups reinforces the idea that flexible working is only for those in caring roles, whereas the aim of the new legislation is to promote a culture where flexible working is a legitimate ambition for all employees (HM Government, 2009). Although the legislation proposes to ââ¬Ëallowââ¬â¢ but not ââ¬Ërequireââ¬â¢ employers to prioritise competing requests, employers will continue to have to show that all competing requests cannot always be accommodated, in their entirety, on business grounds (ibid). Drawing on the CIPD report (2005), a large majority of employers find compliance with the current legislation relatively straightforward. Of those who have had problems, the main barrier to compliance is that managers find it difficult to manage employees on different flexible working arrangements. Given that the new legislation attempts to widen the right to request flexible working to all employees, employers may face an increased challenge to accommodate competing requests. However, according to the same report, since the introduction of the current legislation, less than one-tenth of employers have faced grievance or disciplinary proceedings, or an employment tribunal claim. Further, research shows that it is large multi-national companies that benefit most from flexible working arrangements. Among those benefits are improvements in staff retention, improved morale and a reduction in costs (CIPD, 2005). These reported benefits need to be balanced against arguments that oppose mor e legislation promoting flexible working (ibid). More significantly, the statutory provision to enable greater flexibility in the workplace looks set to increase in the future. In a recent report, Management Futures ââ¬â The World in 2018 (2008), the findings predict that organisations will become more virtual, the premium for talent will increase, with new aspirations and ambitions of a multi-cultural, widely dispersed workforce (Chartered Management Institute (CMI),2008). Conclusion This report has attempted to provide an insight into the contextual background surrounding employment laws in the UK today. The focus on flexible working legislation may be seen as a salient debate, given the competing claims from employers, employees and the organisations that support them (Burnett et al, 2012). At the same time, against a backdrop of socio-political and economic changes there has been an increasing legislative response to address both the rights of individual workers and a drive to improve competition, efficiency and development in the market (Pettinger, 1998). Given the predictions of further changes in the labour market, statutory provision looks set to increase in response. The debate for or against increasing legislation surrounding flexible working therefore needs to be balanced with the benefit to both businesses and the rights of individuals (CIPD, 2005). Word count: 2644 Bibliography Advisory, Conciliation and Arbitration Service (ACAS) (2014) Employment Law Update. Available [online] from: http://www.acas.org.uk/index.aspx?articleid=3909 [Accessed on 4th January 2014] Anderman, S.D (2000) Labour Law:Management Decisions and Workers Rights:4th Edition. Oxford: Oxford University Press British Chambers of Commerce (BCC) (2005) Employment Law: Burden or BenefitBCC Available [online] from: http://www.britishchambers.org.uk/ [Accessed on 4th January 2014] British Chambers of Commerce (BCC) (2010) Employment Regulation: Up to the JobMarch 2010. Available [online] from: http://www.thamesvalleychamber.co.uk [Accessed on: 4th January 2014] Biagi, M (2000) Job Creation and Labour Law: From Protection Towards Pro-action. The Hague: Klvwar Law International Burnett, S Coleman, L, Houlston C, Reynolds, J (2012) Happy Homes and Productive Workplaces: Summary Report of Research Findings. Available [online] from: http://www.oneplusone.org.uk [Accessed on: 4th January 2014] Busby , N & James, G (2011) Families, Care-giving and Paid Word: Challenging Labour Law in the 21st Century. Cheltenham: Edward Elgar Publishing Ltd Chartered Institute of Personal Development (CIPD) (2012) Flexible Working Provision and Uptake Survey Report. May 2012. Available [online] from: http://www.cipd.co.uk/binaries/5790%20Flexible%20Working%20SR%20(WEB2).pdf [Accessed on: 4th January 2014] Chartered Management Institute (CMI) (2008) Management Futures: The World in 2018. CMI. Available [online] from: http://www.managers.org.uk-research-policy-published-reports [Accessed on 4th January 2014] Civicus (2008) Strategic Directions 2008-2012 World Alliance for Citizen Participation Available [online] from: http://civicus.org/downloads/SDConsultation/Annex%209%20-%202008-2012%20CIVICUS%20Strategic%20Directions.pdf Danzinger, A & Waters Boots, S (2008) Memo on the Impact of the United Kingdoms Flexible Working Act. Georgetown: Georgetown University Law Centre Davies, A (2011) Employment Law and Workplace Law Handbook: Human Resources. Cambridge: Workplace Law Group Ltd Department for Business Innovation and Skills (2012) Employment Law Review ââ¬â Annual Update 2012. Available [online] from: http://www.gov.uk/government/uploads/government/publication [Accessed on 4th January 2014] Department of Trade and Industry (dti) (2006) Employment Flexibility and UK Regional Unemployment: Persistance and Micro-economic Shocks. Employment Relations Research Series No.65. Available [online] from: http://www.berr.gov.uk/files/file36144.pdf [Accessed on 4th January 2014] Equality and Human Rights Commission Report (2009) Flexible Working Policies: A Comparative Review. Research Report 16. Available [online] from: http://www.equalityandhumanrightscommission.com Faulkner, F. 2001 ââ¬ËThe technology question in feminism: A view from feminist technology studiesââ¬â¢, Womenââ¬â¢s Studies International Forum, Vol. 2, No.1, pg.79-95. Hill, E.J., Hawkins, A.J., Ferris, M. & Weitzman, M. 2001. ââ¬ËFinding an Extra Day a Week: The Positive Influence of Perceived Job Flexibility on Work and Family Life Balanceââ¬â¢ Family Relations, 50(1): pg.49-58. HM Government (2012) Consultation on Modern Workplaces, Modern Workplaces ââ¬â Government Response on Flexible Parental Leave. November 2012. HM Government. Available [online] from: https://www.gov.uk/government/consultations/consultation-on-modern-workplaces/ [Accessed on 4th January 2014] Honeyball, S (2008) Honeyball and Bowers Textbook on Employment Law:10th Edition. Oxford:Oxford University Press James, G (2006) The Work and Families Act 2006: Legislation to improve choice and flexibilityIndustrial Law Journal. Vol:35,issue 3 pp: 272-278 Jones, K & Jones, E (2011) Flexible Working Practices in the UK:Gender and Management Perspectives. Women in Society, Vol 2 Autumn 2011Available [online] from: http://www.newport.ac.uk/research/Journals/wis/vol2/Pages/default.aspx [Accessed on 4th January 2014] Keter, V (2010) Issues in Employment Law: Key Issues for the New Parliament 2010. House of Commons Library Research, Social Reform. Available [online] from: http//wwwParliament.uk/doc ument/key%20issues%20in%employment. [Accessed on: 4th January 2014] National Audit Office (2009) Complying with Regulation: Business Perceptions Survey 2009. Available [online] from: http://www.nao.org.uk/publications/0809/complying_with_regulation.aspx Painter, R & Holmes,A (2008) Cases and Materials on Employment Law. Oxford: Oxford University Press Pettinger (1998) Managing the Workforce. London: Cassell Trade Union Congress (TUC) (2008) Changing Times Newsletter No.92 13th February 2008. Trade Union Congress. Available [online] from: http://www.tuc.org.uk/welfare-andâ⬠¦issues/â⬠¦/changing-times-newsletter-no.92 Wanrooy,B, Bweley, H, Bryson,A, Forth,J, Freeth,S, Stokes, L, Wood,S (2011) The 2011 Employment Relations Study:First Finding. London: The Workplace Employment Relations Study. Available [online] at http://www.gov.uk/13.1010.WERS-first-findings-report-third-edition [Accessed on: 4th January 2014]
Subscribe to:
Posts (Atom)