Female employment issues
Female employment issues Within this essay I will outline the changes to the sex discrimination act. I will also demonstrate the impact of these changes upon organizations and individuals. The changes to the Sex Discrimination Act 1975 and the Equal Pay Act 1970 are in respect to employment and vocational training. "The fact that the majority of part time and low-wage workers are female is largely attributed to the choices women make regarding the amount of labour they wish to supply". Women are faced with many barriers in the work situation, some are at the point of entry and others are during employment. Over the past thirty years there have been attempts to reduce these barriers and eliminate discrimination through legislation. This has come from both the UK and the EU legislative systems. There are unique circumstances that surround female employees; they are especially evident in their mid twenties to mid thirties. These can be the most problematic time for employers, ensuring the situation is handled correctly within the essence of the law. Firstly the role of women in general differs from their male counterparts. A survey carried out in EU countries examined the work preferences of couples with small children; found that only one in ten couples supported the traditional male only breadwinner model. This traditional model of employment is now out dated. The finding
Advantages and Disadvantages of Purposive Approach
Discuss the advantages and disadvantages of the purposive approach The purposive approach is probably the broadest approach of all the rules of interpretation. It is certainly more flexible than either the literal rule or the golden rule which tend to concentrate upon the meaning of individual words or phrases. In trying to fulfil parliament’s purpose, it is surely respectful of parliamentary supremacy. It also allows the law to cover more situations and it can even be used when science or technology is unknown when an act was passed . In the Quintavalle case, the court used the approach to decide that word embryo in the HEFA 1990 could mean either a human embryo where fertilisation was complete or an embryo created by a new method that did not require fertilisation and had not been possible in 1990. This is much more forward-looking than the mischief rule which requires courts to look backwards at the gap in the common law before deciding what Parliament intended to do. Accordingly, the approach usually leads to better justice in individual cases and it also allows judges to consider the concerns of government and parliament at the time of passing the act, as well as views of others such as the Law Commission and leading academics, which is surely a good thing. It is the most modern approach and reflects the approach used in Europe, thus encouraging our judges to make
"If you want to make enemies, try to change something".
"If you want to make enemies, try to change something" I have not ridden a bicycle in many years. I rode eight miles on a bike this weekend. My left ankle is very sore, my back is sore and I have black along with blue marks on both of my very tender arches. Consequently, of my changing an exercising habit, I am experiencing pain. Change often causes pain, not only physically, but also emotionally. The same is true for you and the same is true for organizations. Thus, we should not be surprised when change causes pain, nor when people choose to be enemies rather than face the pain of change. At the same time, in today's rapid-paced environment, it is important for us to understand that the future is not based upon the past but rather upon our ability to adapt to the continuously changing present. We must therefore continuously improve or we will fail. Thus, a quote that emphasises the notion in relation to ' change' is; "If you want to make enemies, try to change something" This quote emphasises how any hostile group of people; have different perspective in relation to my occupation, "he viewed lawyers as the real enemy." "This storm is certainly a change for the worse," I said, standing outside the Supreme Court of NSW. I felt incredible in deep down inside. As I was walking towards the gigantic door of the Court, an unexpected intense voice called my name " hey Uzzi
Describe both the qualifications required for juries and the procedure for selecting a jury.
Describe both the qualifications required for juries and the procedure for selecting a jury? The basic qualifications required for jury service are laid down in the Jury's Act 1974. People are chosen from an electoral register at random by a computer. To qualify for jury service a person must be aged between 18 and 70. They must also have been a resident in the UK for at least 5 years since their 13th birthday. The person must be a British citizen. Everyone must take part of a jury service unless disqualified or excused. People with certain criminal convictions cannot sit such as; those who have been sentenced to life imprisonment or a custodial sentence of 5 years or more, those who have served a custodial sentence for public protection or have been given an extended sentence, those who are currently on bail. Those who cannot sit are also the mentally disordered persons. A judge can discharge any person from being a juror if they do not have the capacity to cope with the trial such as not being able to understand English or being blind or deaf. The Juries Act 1974 was amended by the Criminal Justice Act 2003 allows categories of people which used to be excluded able to serve on a jury. This included members of the judiciary and people involved in the administration or justice or the armed forces, the medical professions and MPs. Under the discretionary excusals, people
Explain how and why Parliament delegates to other bodies the power to make legislation.
Explain how and why Parliament delegate to other bodies the power to make legislation. Delegated legislation is law made by some person other or body other than Parliament, but with the authority of parliament. This authority is usually laid out in the Enabling Act or better known as the 'Parent' Act, this creates the framework of the law and then it delegates its power to others to make more detailed law in that particular area. Examples of Enabling Acts include Access to Justice Act 1999, which gives the Lord Chancellor broad powers to alter various aspects of the legal funding schemes. And the Disability Discrimination Act 1995, which gave the secretary of state powers to make regulations on several points both in relation to discrimination in employment and in the provision of services. There are three types of delegated legislation, the first of which is orders in council. The Queen and her privy council have the authority to make Orders in Council under the emergency powers Act 1920, but this authority will usually only be exercised in times of emergency when Parliament is not sitting. The second way to delegate legislation is by Statutory Instruments, where by Ministers and their government departments are given the authority to make regulations for areas under their responsibility. Thus the Lord Chancellor was given power regarding Legal Aid Schemes. The use of
Are judges independent or neutral?
Are judges independent or neutral? (30marks) Alex McNichol 12Dii Judges are supposed to be totally independent from the government. They are there to protect the rights of citizens in Britain. The government says that the Lord Chancellor despite the fact they are appointed by the Government are still 100% independent and neutral. This I personally find difficult to agree with as the government pays the bills of the Judges, the government is able to sack judges and the more the judges agree with the government the more the government likes them. A judge liked by the government is more likely to be given a higher position or more power than a judge who is disliked by the government. I am sure that my cynical view on the judicial neutrality is most of the time incorrect, but I cannot help feeling that in some cases judges have benefited greatly from siding with the government in certain cases. The government at the moment is able to overrule any decision made by the judicial system; this concludes that the government really has very little power. Despite the fact the government claims they have nothing to do with the system if it came down to a really important decision they would have the power to alter the outcome. Judges are paid a huge amount to prevent them from being tempted by bribery. With the large pay check that they receive each year they are expected to make
Prepare a short casenote, summarising the key facts, issues and the ratio decidendi of the case at both appellate levels, alon
Prepare a short casenote, summarising the key facts, issues and the ratio decidendi of the case at both appellate levels, along the lines you developed in the first Legal Method tutorial. Mandla v Dowell Lee [1982] 3 WLR 932 - Court of Appeal Facts : - Sikh father applied for his son to apply to attend a multiracial private school - Application refused by headmaster - Reasoning was turban worn by son not part of the school uniform code - Father brought action against the school for racial discrimination under Race Relations Act 1976. Issues : - Whether there was discrimination under section 1(1)(b) of the Race Relations Act 1976 by determination of a "racial group" under section 3(1). Ratio Decidendi : - Sikhs are not considered as a "racial group" under section 3(1) of the Act, as they are only distinguishable by their religion and culture and not by any racial characteristics ("ethnic origins") in order to be liable to be discriminated against under section 1 (1)(b) of the Race Relations Act 1976. Mandla v Dowell Lee [1983] 2 WLR 620 - House of Lords Facts : - Sikh father applied for his son to apply to attend a multiracial private school - Application refused by headmaster - Reasoning was turban worn by son not part of the school uniform code - Father brought action against the school for racial discrimination under Race Relations Act 1976. Issues : - Whether
Law Work
Law Homework- Half Term Homework Question 1 a) Actus Reus is a Latin term given that represents the 'guilty act', when proved before reasonable doubt. In order for an Actus Reus to be committed there has to have been an act. Various common law jurisdictions define the act differently but generally, an act is a "bodily movement whether voluntary or involuntary". Actus Reus is found in a voluntary deliberate act for someone has to commit a crime and be found liable for it. However it must be proven that the person committed both the Actus Reus and the Mens Rea. The Actus Reus must be a voluntary or deliberate act. The act can also be found as involuntary this would include things like closing your eyes whilst sneezing or any reflex actions, or being physically made be a stronger person. One case study and example of Actus Reus is Hill v Baxter (1958) in this case study the court gave examples of a driver not driving voluntarily, and the victim was hit over the head with a stone, or being stung by a swarm of bees. b) The general meaning of Mens Rea is based on the term 'guilty mind' Mens Rea is not the same as motive. Motive only gives an indication of what Mens Rea might have been but most of it is irrelevant. Mens rea falls under intention there are two types of intention direct intention and oblique intention. Direct intention is a person is guilty of a crime if they
Solicitors will not be held quite as responsible as barristers might be for the fact that the clients directly came to them, where as with barristers clients are usually referred to them because of their
Home Work 3 legal profession A There are several stages that must be taken after a-levels to then go on to be a solicitor; .The first stage would be to go to university and get a law degree or any degree and the common professional exam .The next stage would be to take the legal practise course this would take one year and costs around £6-7,000 .Then there would be the professional skills course (twenty days and includes and advocacy module) .Then finally their name would be added to the roll of solicitors. It takes a long time to be a solicitor and most students by the end of it come out with large debts however the pay is good and these debts can soon be cleared if those students make it. B Barristers are governed by the bar council, contacts usually contact them through a solicitor; they do some paper work drafting legal documents and providing written opinions. They also provide general advice and do 'paper work,' e.g. writing letters drafting contracts and tenancies conveyancing wills, divorce petitions. They are self employed and work in chambers surrounded by others and managed by a clerk, they do advocacy in the superior courts as well as having rights to the audience in the lower courts. As you can tell barristers have a very high up role and bad work they do makes them look very bad considering they are supposed to be professional and have trained for a
Explain Catholic beliefs about 'justice', 'forgiveness' and 'reconciliation'
Explain Catholic beliefs about 'justice', 'forgiveness' and 'reconciliation'. Use bible Passages and Church teaching to support your answer Catholics believe that forgiveness is an aspect of love. When you forgive someone you don't hold the person's offence against you, nor do you seek revenge or treat them like a foe. Christians are asked not to do evil to their enemies, but to instead to them good, and to pray for them. Also to always have a forgiving attitude towards them and to always be prepared to be reconciled with them. When we are hurt or perhaps injured, we often feel rather bitter and resentful, when we feel this, its hard to get rid to those feelings even if that's what we want. To overcome this, Christians must remember that forgiveness is an aspect of love of neighbour. The Catechism of the Catholic Church says, 'The works of mercy are charitable actions by which we come to the aid of our neighbour in his spiritual and bodily necessities.' This emphasises that forgiveness is an aspect of love. The Catechism tells us that, 'Justice is the moral virtue that consists in the constant and firm will to give their due to God and neighbour.' This tells us that justice is a kind of fairness, its giving to others what is their right. Justice is a basic way of putting into to practise the command to 'love your neighbour as yourself'. You would not want your neighbour to
