An employer who dismisses an employee without good reason and without following a fair procedure lays itself open to a claim for unfair dismissal. When such a claim is brought, the employer has to establish the reason for the dismissal. Redundancy is a potentially fair reason for dismissal pursuant to Section 98 of the Employment Rights Act 1996.Redundancy situations can come about if an employer intends to cease to carry on the business for the purposes of which the employee was employed by him or the requirements of the business for employers to carry out work of a particular kind have ceased or diminished. It is important to remember that a redundancy situation can occur when there is no downturn in trade. An employer is perfectly at liberty to consider reducing the number of staff if he needs fewer people to do the same work.Once redundancy has been established, a Tribunal will consider whether the dismissal was fair or unfair, depending on whether in all the circumstances (including the size and administrative resources of the employer’s undertaking), the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee (s.98(4) Employment Rights Act 1996). If an employer wants to avoid a successful unfair dismissal claim by reason of redundancy, this essentially means that he will need to ensure that a fair procedure has been adopted, including defining the pool of potentially redundant employees.The courts have recently been considering the extent of their own capacity to interfere with an employer’s decision as to the composition of a pool. In Capita Hartshead Ltd v Byard, the Employment Appeal Tribunal (“EAT”) handed down a judgment on the principles to be applied by Employment Tribunals in cases challenging the decisions of employers on selecting the pool from which employees are to be dismissed for redundancy. Mr. Byard was an actuary. The ‘pool’ was limited to just Mr. Byard, despite the fact that there were other actuaries doing similar work. The employer argued that the actuaries built up a personal relationship with their clients and that the firm would lose clients if any of the other actuaries were made redundant. The firm believed that the bulk of the work that had diminished was identifiable to Mr. Byard. The original tribunal found that the dismissal was unfair as the other actuaries should have been included in the pool. On appeal, the EAT found that the tribunal had wrongly substituted its own view of what would be a fair pool for selection for that of the employer.The EAT placed particular reliance on this quote from the 1994 case of Taymech v Ryan where the judge said that “there is no legal requirement that a pool should be limited to employees doing the same or similar work. The question of how the pool should be defined is primarily a matter for the employer to determine. It would be difficult for the employee to challenge it where the employer has genuinely applied his mind [to] the problem”. However, the EAT in Capita went on to hold that the appropriate test was to apply the statutory language, i.e. to consider whether the employer acted reasonably. In applying this test, it concluded that, because the original tribunal had found on the facts that the risk of losing clients because of a change of actuary was slight, the employer had not genuinely applied its mind to the selection of the pool. As such, the tribunal were entitled to scrutinise the employer’s decision as to the composition of the pool and were similarly entitled to find that the employer did not act reasonably in restricting the pool to one. As a consequence, the original finding of unfair dismissal was upheld and the appeal by the employer failed.This case should not, however, be seen as opening a door to tribunal scrutiny of an employer’s decision as to the composition of a pool. Whilst employers would be well advised to give logical, genuine and transparent thought as to who should be in the ‘pool’, as long as they can satisfy the test of reasonableness, a tribunal is unlikely to examine them further on this point.
The Teeter f5000 inversion is the latest discovery in the world of health and fitness. The F5000 inversion table basically rotates in a spin-around system. With mere arm and hand movements, rotation is perfectly accomplished by simply shifting the weight of the arms downwards and upwards, and the table will easily rotate in a very comfortable angle.The smooth spin-around of the Teeter table permits oscillation and alternating tractions. Its adjustable roller axis allows anyone to pre-select three different levels to control or adjust the aggressive rotation.The machine’s tether strap enables anyone to control the optimum angle of the f5000 table. Its comfortable and secure ankle clamps hold both your feet securely while the table is currently rotating.
The f5000 inversion can be easily folded compactly for efficient storage and transport. The nylon mat attached to the hinges can be removed for washing.Every inversion table package comes with a very informative and instructional DVD as well as a laminated owner’s manual.Compared to other types and brands, the f5000 inversion, through numerous engineering tests, has been proven to be more precise and balanced and can provide a user the perfect full inversion required. The machine is also considered 85% pre-assembled and is invariably 1/4 less of the average number of machine parts compared to other inversion table brands.The inversion table is equipped with heat-treated steel to add more strength on its primary structural components and parts. Its bed is securely attached and fixed through auto-locking hinges. These auto-locks protect the bed or table from disconnecting from the main base. It has specialized pivot rings that assure any buyer squeak-free turns for a lifetime.The Teeter f5000 inversion’s de-rattler knob lessens the shifting for a much smoother and quieter rotation. It is also designed with injection-coated rubber grips for additional durability. Its triple-plated chrome shaft is embossed with height markers for an easy adjustment for users whose heights range from 4’8″ up to 6’6″.The f5000 table is made of high-quality finishes and incorporates a scratch-resistant powder coating and a triple-plate chrome shaft.The innovative table bed design of the Teeter f5000 inversion features a Flex Technology that enables the bed to move with the user. Its smooth surface lessens friction, thus allowing your body to perfectly slide and obtain maximum body stretch. The Teeter f5000 also comes with an adjustable head pillow to support the head and to provide greater amount of comfort.
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For many people, photography is a beloved hobby. There’s something beguiling about being able to capture memories, occasions, spectacular sights and nature’s beauty on camera. With today’s digital technology and the affordable cost of cameras, it’s easier than ever to develop a love of photography and get access to equipment. Everyone can be a photographer, and with social media networks such as Facebook and Flickr, there are free avenues through which budding photographers can show off their shots. If, however, your photography has become more than a hobby, there are a number of ways to turn your love of the art into a career.Photography courses are widely available, and cater to all levels of expertise and goals – whether you are taking the course out of personal interest, or if you are career minded. One of the most popular photography courses around is the freelance photography course. There’s something appealing about the life of a freelancer – working your own hours, choosing your own jobs and being your own boss. Freelance photography courses focus on not only the essential skills of location shooting, current technologies and different styles of photography, but also the business element of freelancing, such as negotiating contracts, understanding your markets and knowing how to sell your services.Freelance photography comes with a lot of perks:Don’t have to give up your day job: If you’re not prepared for the financial uncertainty of a career change from a 9-5 salaried job to a fluctuating work schedule, freelance photography can be a smart alternative. Freelance photography is a career easily pursued on weekends. Indeed, many of the events and occasions that photographers are hired to capture occur on the weekend, and by limiting your business operations to this time you can gauge the work flow, time commitment and profitability of work before you give up your day job.
Freedom: As stated before, there is a certain freedom that comes with the job of a freelancer, particularly because you are not working for anyone but yourself and on your own time. While success in the industry will depend on your self discipline and motivation, it is liberating to control your own operations and be solely responsible for your work flow and the quality of work you produce.
Be part of special occasions and events: As a freelance photographer you’ll be privy to and included in a variety of special events and moments, whether they are someone else’s personal memories and experiences (such as a wedding or christening), or an exciting event or occasion (such as sporting matches). The variety of people, experiences and environments you will get to work in makes freelance photography a rewarding and exciting career that is constantly changing.Pursuing your interest in an advanced freelance photography course doesn’t have to mean going back to university or engaging in full time study. A range of distance education courses are available, meaning that you can study on your own time and when it suits you. If a career in freelance photography appeals to you, make the move today to turn your dream into reality.
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