Recording, analysing and using HR information Essay

It is beneficial for a business to collect a variety of data to gain an understating of its performance to satisfy compliance legislation. However the information collected needs to be useful, relevant and selective. Raw data collected can be converted into useful information. It is important for human resources (HR) to collect data to meet legal requirements, keep necessary contact details of employees, records all contractual arrangements and to provide supporting information in the event of a claim that may be made against an organisation. It also supports an organisation when making decisions. Data can be collected in two different types of formats within an organisation. These are quantitative and qualitative. Quantitative is data collected numerically which allows for data to be measured and calculated. Quantitative is a descriptive method of collecting data. This type of data can be observed but not measured. These two different types of data support HR practices in a number of different ways, such as, showing patterns of absence relating to employees, highlighting any learning and development requirements that an individual may require, trends’ in staff turnover and key performance indicators. Customer feedback can also be obtained to allow a business to improve it services and costs can also be easily monitored. HR data can be stored by a number of different methods each having advantages and disadvantages. Data can be stored electronically and non-electronically. Storing data electronically can be beneficial as it is easy to access, can be shared easily and takes up less space. Online HR systems are available to employees where data and information can be added and updated by an individual and also can be accessed by one or more people such as line managers. This is useful for appraisals and monitoring performance. Storing data electronically through databases is also more secure than manual documents. Sorting data manually such as diaries, word processing documents and paper based surveys also has its benefits as it can be more cost effective to a business and cannot be easily lost where electronic data could be. Also employees require less training to store and organise manual data. There is an array of different UK legislations currently enforced relating to data and legislation is in place to enforce correct storing, recording and accessibility of data. One of these UK legislations are The Data Protection Act, The information commissioner has produced a code of conduct relating to the data protection act. This applies to personal data held and the legitimate grounds for this being held, which information is classed as sensitive and cannot be gathered without explicit permission. Another type of current UK legislation is the Human Rights act. This confers the right of respect of privacy on individuals and provides for employees in the public sector to take legal actions against their employer of they consider their rights infringed.

Employment Law Essay

After viewing the Tutorial, completing the reading, and reviewing the Lecture notes in conjunction with the TCO, answer the following questions relating to ADA expanded by the ADAAA. If such a situation occurred in your workplace and you were the director of human resources: You are Role/Assignment: 1. Would you deem Karina disabled under the ADAAA? If so, what reasonable accommodations would you offer to her? Karina has a medical condition requiring her to take steroids and other medications. This condition led to Karina gaining weight and not able to wear two uniform items, the stockings and heels. These conditions affect her back, circulatory system, and endurance level. Additionally, according to her doctor, Karina must stop wearing the stockings and heels because of her condition. Based on this information, Karina does qualify as â€Å"disabled† even if she does not display symptoms that interfere with her ability to perform her duties. By taking medication, Karina is mitigating (reducing) the effects of her illness. However, her employer cannot consider this information in determining if she has a protected disability under the ADAAA. Karina and her employer should agree on an acceptable resolution that will meet her medical requirements, easily identify her as an employee, and ensure she presents a professional appearance. To accommodate Karina reasonably, the employer could offer her the opportunity to wear lower heeled (or flat) shoes without stockings. Another alternative would be to allow her to wear pants and flat shoes or black tennis shoes. 2. From an ADA policy standpoint, what would your ideal be in terms of an employer ADAAA policy? What would your ideal be as to what the employee (Karina) should be told by the HR department in regards to her rights and obligations pursuant to the ADAAA? From the employer policy perspective, focus on identification of reasonable accommodation requirements under applicable law, application of the legal requirements for this scenario, determinations as to whether reasonable accommodations can be made, and steps that can be taken to make specific accommodations if requested. An ideal ADAAA policy would comply with all federal and state laws concerning individuals with disabilities and respond to government regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Additionally, the policy will not discriminate against qualified individuals with disabilities concerning application procedures, hiring, advancement, discharge, compensation (or benefits), training or other terms, conditions and privileges of employment. Individuals requesting accommodation and can be reasonably accommodated without creating an undue burden or causing a direct threat to workplace safety will be given the same consideration for employment as any other applicant. Candidates that pose a direct threat to the health, safety, and well-being to themselves or others and the threat cannot be eliminated by reasonable accommodation will not be hired. Electronics Are for You will reasonably accommodate qualified individuals with a disability to ensure they can perform the essential functions of their positions if doing so does not cause a direct threat to these individuals or others in the workplace. Furthermore, Electronics Are For You will not reasonably accommodate an individual if the threat cannot be resolved by reasonable accommodation and/or it creates an undue hardship to the organization. Individuals should contact HR with any questions or requests for accommodation. All employees are required to comply with organization safety standards. Current employees posing a direct threat to the health and/or safety to themselves or others will be placed on appropriate leave until a decision can be made regarding their employment situation. Individuals currently using illegal drugs will not receive coverage under the company ADA/ADAAA policy. The HR department is responsible for implementing this policy, including resolution of reasonable accommodation, safety/direct threat and undue hardship issues. Additionally, during recruiting and hiring phases the organization should devote efforts to assess an individual’s qualifications and if they can provide reasonable accommodation. Review training manuals and employee handbooks concerning disabilities to ensure they comply with ADAAA regulations. Under EEOC policy, employers may require employees to wear certain articles of clothing to protect themselves and coworkers (e.g., construction workers are required to wear certain headgear to prevent injury; health care workers wear gloves to prevent transmission of disease from or to patients). On other occasions, employers may impose dress codes to identify themselves more easily to customers or to portray a certain image (e.g., a store requires all sales associates to dress in black). This same policy may also prohibit employees from wearing certain items to promote a certain image (e.g., prohibitions on wearing jeans). If the employee cannot meet the dress code due to disability, the employer may still require compliance if the dress code is job-related and consistent with business necessity. An employer may also require an employee with a disability meet dress standards required by federal law. If an individual with a disability cannot comply with a dress code mandated by federal law, even with a reasonable accommodation, he will not be considered â€Å"qualified.† Electronics Are For You requires their female employees to wear miniskirts, heels, stockings, and sleeveless shirts. Unfortunately, Karina has an illness that makes wearing stockings and heels medically impossible. She is requesting reasonable accommodation based on her doctors diagnosis. Karina and her supervisor should discuss the situation and both come up with a solution to accommodate her needs and properly portray the company’s image. This could include allowing her to wear lower heeled shoes and no stocking, or dress pants and black tennis shoes.

The Fiftieth Gate

The Fiftieth Gate, understanding the past is represented as a continual and dynamic process. Baker gives a holistic representation of his parent's experience of the Holocaust, demonstrating the complimentary relationship between history and memory. This notion is explored in the autobiographical book through the depiction of his parents', and his own past. The barcarole style of the text aids in portraying the interplay between history and memory, enabling a more cohesive representation of the lasting repercussions of the Holocaust.Due to the traumatic tauter of her past experiences, Genie finds historical accounts of the Holocaust confronting to reconcile with her own memories. This tension is depicted by Baker, when he confirms the date of an Action against the Jewish population in Genie's town, â€Å"It was Yon Kipper. You're right. The Action took place on 21 September 1942. † Baker's pursuit of historical accuracy compromises Genie's personal memories, as she feels that c ompared to her own ordeals, history is an insufficient means of understanding the past. She responds: â€Å"I'm right, he says. What an honor. What do you know about Actions?We were standing there like little lambs. Screams, crying. A massacre of weeping lambs,† here, the imagery of a lamb conveys the destruction of both an entire community and the destruction of Genie's childhood innocence. Baker struggles to unite the non-chronological and unreliable nature of memory with his own fastidious historical research, but gradually understands that the two complement each other to give a more open representation of the past. However, the tension between mother and son and hence, history and memory, is seen in the transcript of Baker's interview of his mother: â€Å"Pitch black.Pitch black, that's how I was for years†¦ What do you mean, do I remember? Stop interrogating me. Stop testing me. What, all these years you thought that because I wasn't in Auschwitz like your father I didn't suffer? † The use of transcripts is integral to the eclectic barcarole structure of the text, as the myriad of textual forms demonstrates the ongoing process of understanding the past. The tension between the two discourses is clearly seen, as Baker often finds his mother's memories impossible to vindicate, despite her vivid recollection of the suffering in her past.Genie feels that ere suffering is overlooked, as she has little historical and physical evidence to represent the effects of the Holocaust on herself. As a barcarole text, The Fiftieth Gate explores the dynamic process of understanding the past, and through the interaction between his mother and himself, he highlights the difficulty and importance of reconciling both history and memory. Baker's father, Yogis is often reluctant to delve into his own memories, and cannot fully reconcile his own past with the reality of the present.Rhetorical question conveys Yokel's inability to entirely accept the past, as he retains a child-like degree of optimism: â€Å"Maybe he's still alive. Could be, you know. Could be. Anything can happen. After the war I met people I thought were dead. Have you ever heard such a thing? † The transcript of Yokel's interviews expresses a direct connection to his personal memories. Whilst Yokel's resilience is an admirable quality, it can lead to an attitude of denial. Through Baker's process of interviewing his parents and ascertaining the history of their Holocaust experiences, the past is re-examined and represented in a more comprehensive manner.This transcript is contrasted with a conversation twine father and son, and displays the diverse barcarole style that is integral to the representation of Baker's parent's memories. Chapter 16 begins with a portrayal of the difficulty in confronting the historical details of Yokel's own past: â€Å"l can show you what your father wore when he arrived in Buchwald. ‘ My father seems angry at this latest dis covery. ‘Do you know when he went to the toilet? The color of the agates he wore under his pants? Maybe you can tell me when I last showered or what I did everyday in Auschwitz? However, the chapter ends with Yogis reluctantly expressing a desire to learn the clothes worn by his father. This expresses the ongoing nature of understanding the past, as the ordeals of one's past retain the potential to cause significant grief. This notion is present throughout the novel, and is particularly significant in Yokel's growth as the result of opening up to a more complete understanding of his own memories. Juxtaposition is used to highlight the mutual dependency of history and memory in the process of effectively comprehending the past. Whilst being interviewed, Yogis begins: â€Å"l was born in Wreaking.Baker's commentary follows: â€Å"Wreaking was born before him. In 1657, founded by Bishop Bogus Readdressed who obtained royal permission to colonies the woodlands along the Seminal River. † The direct and impersonal nature of historical discourse, although important, is directly contrasted with Yokel's memory, which is far easier to empathic with. However, we understand that the two complement each other to give a multi-faceted and progressive understanding of the human experiences of the Holocaust, which results in a certain degree of ‘closure'. Although Mark Barker was born after theHolocaust, the ramifications of the events have profoundly affected his own life, and the process of understanding the past is pertinent to Baker himself. Baker states, of himself and his brother , â€Å"†¦ L knew there was something more deliberate in the names chosen for us, an attempt to obliterate not only my parents' foreignness but the memories attached to it†¦ So I decided to put the past back into my name. I have chosen Raphael, the earliest ancestor I can find on our family tree. † The understanding of the past that has been enabled by learni ng of his parent's personal stories have enabled Baker to reconnect to his cultural heritage.This personal progression is integral to the semi-autobiographical nature of The Fiftieth Gate, and represents a significant level of personal growth that Baker has garnered through the discourses of history and memory. Throughout the text, it becomes apparent that Baker has been profoundly affected not only by his parent's experience of the Holocaust, but also by the suffering inflicted collectively on the Jewish population. This is apparent in the elements of ‘Midribs' – the oral and written exploration of biblical texts – that are inserted intermittently wrought the book.Baker briefly recounts the story of Rabbi Hanna Ben Iteration, who was killed by the Romans due to his faith, and subsequently martyred. Whilst being burned, Iteration is asked by his disciples what he sees. He responds, â€Å"The parchment is burning, but the letters are soaring high above me. † This is followed by a poem, â€Å"My parents remember: the fire/the parchment burning/the bodies buried/ letters soaring high, ‘turned to ashen dust. † This element of Midribs is representative of the barcarole style of the text, and conveys Jewish resilience that has lasted millennia.However, Baker subverts the optimism of the original text to convey the horrors experienced by all the victims of the Holocaust. It becomes apparent that this suffering, whilst not directly inflicted upon himself, resounds in the children of Holocaust survivors. The Fiftieth Gate explores the notion of understanding the past through the complimentary discourses of history and memory. Baker demonstrates the implications of this notion through the depiction of himself and his parents, Yogis and Genie. It becomes apparent that understanding the past is not a fixed process, and that it can at times cause tension.

Public Law 3 Essay Example | Topics and Well Written Essays - 3500 words

Public Law 3 - Essay Example However, the so called judicial power in re the HRA is not as ideal as it would seem with respect to existing primary legislations because even if the courts can declare it as incompatible with convention rights, it is at the pleasure of the Parliament to revoke, modify or alter that legislation. The judicial power to declare incompatibility with convention rights therefore does not subsume the power to strike down primary legislation (Wright 2001 p 15). The HRA, in effect, pits entities called public authorities vis-à  -vis convention rights, and determines if the former have committed acts that violate the convention rights of the latter. The impact of the HRA is that it compels local courts to take into consideration the decisions of the European Court of Human Rights in Strasbourg concerning cases involving the HRA rather than the usual reliance on their own precedents. Previously, the courts were under no compulsion to religiously follow the ECPHR provisions. This is because the act of the state in entering into an international treaty cannot and does not affect a state’s domestic law. In fact the ECHR played only a secondary role in court decisions prior to the HRA. This court perspective was illustrated by Lord Denning when he remarked: â€Å"The Convention is drafted in a style very different from the way in which we are used to in legislation. It contains wide general statements of principle. They are apt to lead m uch difficulty in application because they give rise to much uncertainty. [†¦] So it is much better for us to stick to our statutes and principles, and only look to the Convention for guidance in case of doubt† (Faulks & Warnock 2008). The English courts however, did not totally discount the ECHR provisions prior to its incorporation into domestic law. In one of the cases, Lord Bridge remarked that â€Å"it is well settled that that, in construing any

Health Care Reform (OBAMA) Essay Example | Topics and Well Written Essays - 750 words

Health Care Reform (OBAMA) - Essay Example These two bills were the Patient Protection and Affordable Care Act (ObamaCare) that was signed into law by President Obama on March 23rd, 2010. The second bill was the Health care and Education Reconciliation Act, which was also signed into law by President Obama on March 30th, 2010. There are further reforms intended for the future and have been proposed including a reduction fee for service medical care and single payer system. This paper seeks to discuss the impact of the two-abovementioned legislations on healthcare on doctors, coverage, access, costs, employees and its impact on businesses. A major characteristic of ObamaCare is that it is primarily targeted at low and middle-income families and businesses. ObamaCare also contains some obstacles for high earners, larger firms that do not insure their employees and certain sectors of the healthcare industry (Carrigan 81). As with any other law, ObamaCare poses a lot of benefits and gains for the average American and little disad vantages. High-income earners might criticize ObamaCare and large corporation for targeting them in what might seem a witch-hunt against corporate America. However, this is in an effort to cushion the average American who is at disadvantage because of their meagre income and they cannot afford health insurance. As an insured adult with an uninsured 22-year-old child, the new healthcare reforms are an added advantage. This is because it increases access and coverage for healthcare insurance and increased the maximum age for coverage from 22 years to 26 years (Carrigan 77). Through ObamaCare, insured adults with uninsured young adults as dependants will experience extended covers for up to the age of 26 years of age for the dependants (Ciocchetti np). This will result in an 82% increase in the number of insured adults through the availability and accessibility of low cost insurance and the availability of free healthcare insurance for qualifying adults. This new legislation will see t o the introduction of new rights and protection characteristic of guaranteed coverage for pre-existing conditions and the elimination of gender discrimination in the health care system (Carrigan 80). Despite that fact that medical insurance premiums are set to be higher, the quality of medical insurance will be of guaranteed quality and standard for all registered individuals. Obamacare will make it possible for millions of people to access affordable and quality medical health insurance through the marketplace (Ciocchetti np). This will be a boost to low income earners who did not have access to health insurance because it was inaccessible. The cost of healthcare will increase because of the widened coverage criteria, which will result in higher premiums for some sections of society. The cost implications of the healthcare reform will not affect me because I belong to the category being shielded by the legislation. This will be through increased coverage and access. ObamaCare is bo und to have different impacts on employees and employers, with some benefiting more than others. Their employers guarantee them a mandatory coverage over the period of tenure as employees of any firm. Small and medium scale enterprises and businesses will get tax credits for up to 50% of their employees’ health care insurance premium costs (Carrigan 78). This will translate to better working conditions and

Equity and Trusts Essay Example | Topics and Well Written Essays - 1250 words

Equity and Trusts - Essay Example These recent legal decisions have contributed a lot in refining the traditional stipulations surrounding. This been well illustrated in the amounts of emphasis currently attached to beneficiaries’’ loss as a result of a trustee’s actions. The law provides that a trustee should manage a trust property (in this case a fund) on behalf of beneficiaries. This is a discussion that surrounds misappropriation of trust funds by a trustee and focuses on the best legal advice to be given to the beneficiary. Introduction A trust is defined as an equitable duty that binds one person to handle property owned by him or her (but not his or her private property) on behalf of other persons in which any of these other persons my enforce the obligation; including the person himself or herself. This person is called a trustee while the others are beneficiaries and, as stated, the trustee could also be a beneficiary. The writer of the trust is called a settler. Hepburn insisted that o bligation is equitable1. Some scholars have clarified that the popular obligation of conscience is not necessarily the same as ‘equitable obligation The prime obligation of a trustee is to run, handle and manage the trust on behalf of the beneficiaries. Over time however, it has been established that trustees could misappropriate the trust property; which led to the development of rules of equities to act as checks and balances. For instances, rules of equity stipulate that trustees cannot invest trust funds in their own private businesses but only beneficiary-authorized ventures. The beneficiaries are said to own the equitable interest in the trust fund or property and are required to demand for good management of the trust. Beneficiaries can sue trustees for mismanagement or breach of trust. The beneficiaries are entitled to proprietary interest emanating proceeding from the trust property or fund; and are entitled to pass it to others2. The beneficiaries have a legal duty t o terminate the trustees’ legal titles to them. However, their age and absolute entitlement to the trust must be unquestionable. Jeremy Versus Kevin and Joint Trust In advising Kevin and the Joint Trust, there are a several features of a trust to be considered. It should be noted that the principle of equity is effected by the owner, trustee, in his or her own conscience. This is popularly known as implied or express trust. But if law comes in and forces the trustee to perform functions for which the property was conferred, that becomes a constructive. Using this power and the legal disposition discussed above, Kevin should go ahead and instruct his father to confer the legal title to him; otherwise seek court’s direction. The second advice to Kevin would probably rhyme with the second feature of trusts: conscience. For all intends and purposes, Jeremy, the trustee’s conscience is affected by at least some factors. This is illustrated by his decision to transfer the trust fund to his private account; which was of course not the original purpose of the trust. It means therefore that the trustee automatically rendered the trust from being implied or express. Establishment of a trust depends on a property that can be identified. In this case, Jeremy, by dishonestly transferring the trust fund, breached the trust and the ‘property is not identifiable’3; thus a trust cannot be established and if it was prior established, it should end. Alternatively, since the trustee is already under constructive trust terms, through a court process, then he should be made to refund the trust fund. After a trust is up and running, a proprietary interest on the part of the beneficiary starts to build up. Jeremy should be compelled by law to transfer legal title of the trust, refund the trust’

Short Story A short story about somebody who visits their friends Essay

Short Story A short story about somebody who visits their friends house and uses their computer. When their computer breaks down he blames his friend, before realising their was a fault with their computer - Essay Example He repeats this ritual five times. Although he is not a drinker, an insidious hangover would torture him the next morning reminding him of his wasted time after long nights of Internet bingeing. Like most addictions, the rationale for such behavior did not make any sense. Online high school behavior is just as bad as or even worse than high school itself. Online or not, gossip has no face time. Joe barges in with his IPod plugged into his ears and loud as it could be. He is wearing black jeans, a punk-studded belt tilted to the side, and a cap that says KORN. Joe has that hyperactive, ADHD intensity of waiting to entertain. â€Å"Alright look, I swear this is worth it. It’s unlike anything on the Web that is out there. It’s not some lame maze game where the Exorcist girl comes screeching at your screen. It’s no pop up windows full of false-hope million dollar jobs or anything like that.† Joe wears the posterity of a salesman, only he doesn’t have the matching outfit to compliment it. Just as Oscar was about to utter his first response to Joe’s obvious bogus Science Fiction field trip, the monitor shines a bright white that permeates the screen like a soft mist. Then the screen slowly zooms into black. Feeling spooked, Oscar felt an odd inclination to get out of there. Joe nonchalantly follows behind him. The parents weren’t home, so he couldn’t get their help. Oscar opens the door, but it is walled in with bricks. â€Å"Server Error† is chalked on the brick wall. However, they are able to escape through a window. The neighbourhood is not the same. The apartment building looks fragile like cardboard. The street tight ropes into a singularity that Joe or Oscar can’t quite make out. Joe and Oscar walk further down and notice the sides of everything have diminished. It’s a two-dimensional world. Oscar, in disbelief, continues to walk