UK company law and precarious employment contracts

2017 ◽  
Vol 59 (4) ◽  
pp. 571-583
Author(s):  
Ernestine Ndzi
Keyword(s):  
Company Law ◽  
Employment Contracts ◽  
Precarious Employment ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
Potential Abuse ◽  
Company Directors ◽  
The Uk ◽  
Employment Rights ◽  
The Impact

PurposeThis paper aim to examine the implication of section 172(1)(b) on employment rights, particularly on workers on precarious employment contracts. The aim of the paper is to analyse whether company directors have any liability for potential abuse of worker on precarious employment contracts. The paper examine the advantage of companies recruiting staff on precarious employment contracts and the effect of such contract on the worker. Design/methodology/approachThe paper reviews case law, statutory provisions and academic opinions on precarious employment contracts and its advantages and disadvantages to the company and the worker. The paper critically reviews the impact of Section 172(1)(b) of the Companies Act 2006 on precarious employment contract workers. FindingsThe paper argues that companies benefit more from precarious employment contracts than workers do. The Companies Act 2006 is silent on whether directors should factor the interest of precarious employment worker when making company decision, thereby leaving these workers in a vulnerable position and at the mercy of the employers. Originality/valueThe paper offers a different argument about why the use of precarious employment contracts is on the rise in the UK. It highlights the silence of the Companies Act 2006 as a driver for the increase in the use of precarious employment contracts in the UK.

The impact of the changes to United Kingdom psychiatry training recruitment in 2021

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Alexander Challinor ◽  
Jonathon Whyler
Keyword(s):  
Empirical Evidence ◽  
Evidence Base ◽  
Psychiatry Training ◽  
Selection Methods ◽  
Recruitment Process ◽  
Content Type ◽  
Recruitment Methods ◽  
Advantages And Disadvantages ◽  
The Uk ◽  
The Impact

Purpose The purpose of this paper is to review and critically evaluate UK psychiatry national recruitment process for 2021, which was re-structured following the COVID-19 pandemic. Additionally, this paper aims to review the empirical evidence of the selection methodologies in psychiatry recruitment. Design/methodology/approach The UK national psychiatry recruitment process is discussed, with a focus on the changes made to recruitment in 2021. The advantages and disadvantages of different selection methodologies are explored, with an emphasis on evaluating the validity, acceptability and reliability of different recruitment selection methodologies. The potential impact of the changes to psychiatry recruitment are explored. Findings The decision of the National Recruitment Office to remove certain selection methods for recruitment in 2021 may have limited their ability to choose the best candidate for the training place and be fair to the applicant. Overall, there is a lack of research into the validity of the selection methods used in psychiatry recruitment. A framework for outcome criteria relevant to psychiatry recruitment should be developed, which would allow research into selection methods and guide the NRO to examine the evidence base effectively. Originality/value This paper examined the recruitment methods used to choose doctors for psychiatry training in the UK, demonstrating that the empirical evidence base for psychiatry recruitment is limited. This paper can contribute to our understanding of selection methodologies used in psychiatry recruitment and highlights the value of different recruitment approaches for choosing the best psychiatrists of the future.

A comparative study on disqualification of company directors in the UK and Nigeria

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Samet Caliskan ◽  
Pereowei Subai
Keyword(s):  
Public Awareness ◽  
Legal Framework ◽  
Company Law ◽  
Primary Case ◽  
Advanced Economy ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
The Impact

Purpose The purpose of this paper is to argue that the disqualification of directors, coupled with other liabilities to which they may be subjected, particularly in insolvency, should be sufficient to deter wrongdoing, because of the impact they tend to have on their personal and professional lives. It, however, argues that the “deterrence” effect would be dependent on the existence of other factors such as the efficient application of the law, publicity and post-disqualification monitoring. Design/methodology/approach Using the UK as its primary case study, while also making reference to Nigeria and Turkey, this paper will show that while the existence of disqualification as a sanction exists in the first two countries, it is virtually absent from Turkey. And that while directors’ disqualification provisions are routinely applied in the UK, they are hardly invoked in Nigeria, except perhaps with respect to listed companies, due perhaps to a lack of awareness of its existence or potency. Findings This paper will conclude by making a case for a stronger application of the law, as it relates to directors’ disqualification in the UK, call for an elaboration of the legal framework in Nigeria as well as the need for a public awareness of its provisions and potential impact and contend that Turkey should put in place a legal framework for directors’ disqualification patterned also after the UK framework. Originality/value The uniqueness of this paper stems from its tri-country focus. In that respect, the UK, which is a more advanced economy, with a robust and dynamic company law regime, is used as the primary case study, whereas at the same time, developments in Nigeria, particularly with that country’s capital market, will be extracted and compared with the UK framework. Turkey, on the contrary, has been chosen as a case study mainly because it has no directors’ disqualification mechanism in its legal system. Comparing directors’ disqualification in one developing country, Nigeria, and a developed country, the UK and determining their upsides and downsides will be beneficial to Turkey in respect to establishing a deterrent effective disqualification mechanism on directors.

Socio-economic preconditions of resort agglomerations development in the south of Russia

2018 ◽  
Vol 10 (4) ◽  
pp. 467-477 ◽  
Author(s):  
Matvey S. Oborin ◽  
Irina Kozhushkina ◽  
Tatyana Gvarliani ◽  
Nikolay Ivanov
Keyword(s):  
Natural Resource ◽  
Federal District ◽  
Tourism Industry ◽  
Infrastructure Development ◽  
The South ◽  
Health Tourism ◽  
Resource Potential ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
The Impact

Purpose This paper aims to analyze the modern problems and the main trends of development of the health-improving tourism sector in the southern part of Russia and to identify significant factors in overcoming the complex challenges related to specific socio-economic conditions in the study area. Design/methodology/approach The material that served as the basis of the study comprises statistical data from the Southern Federal District and its subjects, as well as data about the development of tourism infrastructure on the official websites of governments, Ministry of Tourism and the population of the Southern Federal District. This information was systematized from a number of perspectives, including identification of the chronology of health-improving tourism infrastructure development in the chosen territory, as well as the advantages and disadvantages in this area. Based on the results of the study, the authors also developed some recommendations to overcome existing inactive trends in the field of health tourism. Findings This paper sheds light on the understanding of the challenges and changes that took place in the resort agglomerations of the south of Russia in terms of current issues and those that must be addressed in the coming years. It was concluded that health tourism in the south of Russia has old traditions based on the natural resource potential of territories that are included in the composition of the Southern Federal District. At the same time, the authors came to the conclusion that, unfortunately, not resort agglomerations are fully utilized. Furthermore, some historic resorts were not well maintained by local authorities and have suffered more recently because of lack of investment. At present, the financial results of health resorts and others related to health-improving tourism are precarious as most operations are unprofitable, and so complex decisions are needed to address the underlying problem of resource optimization because of the important social and economic role of the cities in this region. They have special natural and resource potential and preserve traditions related to health-improving tourism. Research limitations/implications The paper provides a conceptual analysis based on limited empirical data combined with some directions for further research. Originality/value The paper attempts to reveal the impact of social, economic and geopolitical factors, both negative and positive, on the development of the health-improving tourism segment, restructuring of the Russian tourism market and the emergence of promising opportunities and new directions for development. The findings also provide insights for practitioners and researchers, and the tourism industry can draw on this analysis to guide the development of strategy, increase investment attractiveness, make more effective use of the natural resource potential and maintain pressure on government partners to provide support to tourism.

scholarly journals Signs and wonders

2015 ◽  
Vol 39 (4) ◽  
pp. 298-314 ◽  
Author(s):  
Simon Smith ◽  
Peter Stokes
Keyword(s):  
Design Methodology ◽  
Frontline Employees ◽  
Content Type ◽  
Extant Literature ◽  
Beneficial Effects ◽  
The Uk ◽  
The Impact

Purpose – This paper aims to examine and assess the reputational impact of the logo and symbols of the UK Standard Investors in People (IiP). The extant literature highlights differing opinions in terms of the likely benefits that IiP generates following achievement of the Standard. This paper focuses specifically on the perceptions of reputational claims made regarding existing employees, potential employees and customers. Design/methodology/approach – The debate is explored through 38 interviews using the perceptions of managers and frontline employees within six IiP-accredited firms and one non-accredited firm. Findings – The study indicates that the logo and symbols of the Standard have minimal meaning and significance for the interviewees and their outlook on potential employees and customers. There were some indications, however, that the wider reputational implications of carrying the logo may have some potentially beneficial effects. Originality/value – The paper concludes that the overarching findings present a potentially serious issue for IiP, and that there is a need to understand further the impact and value of the logo and symbols.

Greater acceptability, lower compensations required? The impact of perceived net benefits on willingness to accept nuclear energy projects

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Davide Contu ◽  
Elgilani Eltahir Elshareif
Keyword(s):  
United Arab Emirates ◽  
Nuclear Energy ◽  
Cost Benefit ◽  
Willingness To Accept ◽  
Content Type ◽  
Nuclear Plants ◽  
Energy Projects ◽  
The Uk ◽  
The Impact ◽  
Support Cost

Purpose This paper aims to estimate willingness to accept (WTA) hypothetical nuclear energy projects and the impact of net perceived benefits across three countries: Italy, a country without nuclear plants in operation; the UK, a country with nuclear plants in operation and the United Arab Emirates (UAE), which has more recently opted for the inclusion of nuclear energy in its energy mix. These valuations can support cost-benefit analyses by allowing policymakers to account for additional benefits and costs which would be otherwise neglected. Design/methodology/approach Data collection was conducted through online nationwide surveys, for a total of over 4,000 individuals sampled from Italy, the UK and the UAE. The surveys included choice experiments designed to elicit preferences towards nuclear energy in the form of WTA, indicating estimated compensations for welfare worsening changes and questions to measure perceived risks and benefits. Findings The average WTA/Km is the lowest for the case of the UAE. What is more, perceived net positive benefits tend to decrease the WTA required by the UAE respondents? Moreover, across the cases, albeit to a lesser extent with regard to Italy’s case, there is evidence that a more positive benefit perception seems to increase the valuation of environmental and public benefits offered as part of the experiment. Originality/value The contribution of this study is primarily twofold: first, it provides a comparison of WTA values in a context where the availability of choice experiment data is scant; second, it assesses whether and to what extent perceived net positive benefits of nuclear energy impact WTA of nuclear energy projects.

Trust, efficacy and ethicacy when testing prisoners for COVID-19

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Steve Lambert ◽  
Dean Wilkinson
Keyword(s):  
Large Scale ◽  
Current System ◽  
Epidemiological Studies ◽  
Careful Consideration ◽  
Power Relationships ◽  
England And Wales ◽  
Content Type ◽  
Large Scale Testing ◽  
The Uk ◽  
The Impact

Purpose The outbreak of the severe acute respiratory syndrome coronavirus 2 virus and subsequent COVID-19 illness has had a major impact on all levels of society internationally. The extent of the impact of COVID-19 on prison staff and prisoners in England and Wales is unknown. Testing for COVID-19 both asymptomatic and symptomatic, as well as for antibodies, to date, has been minimal. The purpose of this paper is to explore the widespread testing of COVID-19 in prisons poses philosophical and ethical questions around trust, efficacy and ethicacy. Design/methodology/approach This paper is both descriptive, providing an overview of the widespread testing of COVID-19 in prisoners in England and Wales, and conceptual in that it discusses and argues the issues associated with large-scale testing. This paper provides a discussion, using comparative studies, of the issues associated with large-scale testing of prisoners across the prison estate in England and Wales (120 prisons). The issues identified in this paper are contextualised through the lens of COVID-19, but they are equally transferrable to epidemiological studies of any pandemic. Given the prevalence of COVID-19 globally and the lack of information about its spread in prisons, at the time of writing this paper, there is a programme of asymptomatic testing of prisoners. However, there remains a paucity of data on the spread of COVID-19 in prisons because of the progress with the ongoing testing programme. Findings The authors argue that the widespread testing of prisoners requires careful consideration of the details regarding who is included in testing, how consent is gained and how tests are administered. This paper outlines and argues the importance of considering the complex nuance of power relationships within the prison system, among prisoner officers, medical staff and prisoners and the detrimental consequences. Practical implications The widespread testing of COVID-19 presents ethical and practical challenges. Careful planning is required when considering the ethics of who should be included in COVID-19 testing, how consent will be gained, who and how tests will be administered and very practical challenges around the recording and assigning of COVID-19 test kits inside the prison. The current system for the general population requires scanning of barcodes and registration using a mobile number; these facilities are not permitted inside a prison. Originality/value This paper looks at the issues associated with mass testing of prisoners for COVID-19. According to the authors’ knowledge, there has not been any research that looks at the issues of testing either in the UK or internationally. The literature available details countries’ responses to the pandemic rather and scientific papers on the development of vaccines. Therefore, this paper is an original review of some of the practicalities that need to be addressed to ensure that testing can be as successful as possible.

scholarly journals Plan for the worst, hope for the best? Exploring major events related terrorism and future challenges for UK event professionals

2018 ◽  
Vol 4 (4) ◽  
pp. 513-526 ◽  
Author(s):  
Daniel Baxter ◽  
Jenny Flinn ◽  
Lucrezia Flurina Picco
Keyword(s):  
Marketing Strategy ◽  
Significant Rise ◽  
Destination Marketing ◽  
Major Event ◽  
Structured Interviews ◽  
Content Type ◽  
Future Challenges ◽  
Research Findings ◽  
The Uk ◽  
The Impact

Purpose The purpose of this paper is to investigate major event related terrorism and the resulting challenges that event professionals may face when hosting major events in cities as part of a destination marketing strategy. Design/methodology/approach The research was based in the UK due to the significant rise in terrorist activities that have taken place in its urban cities in recent years. The exploratory nature of this study utilised semi-structured interviews with UK event professionals, enabling a preliminary, in-depth investigation of the challenges that events professionals face as a result of major event related terrorism. Findings The research findings identify three challenges faced by event professionals when organising major events: knowledge and understanding in relation to major event related terrorism; the impact of major event related terrorism in terms of responsibility and accountability; and managing for major event related terrorism in budgetary terms. Research limitations/implications The research is limited to the UK, other destinations will pose their own unique challenges when hosting and managing events. It is suggested that this research be evaluated against similar studies in other destinations. This is a preliminary study and each of the topics identified within the findings warrant further exploration in their own right. Originality/value The paper offers an insight into the challenges faced by event professionals in the UK when delivering major events as part of a destination marketing strategy. With the increase in major event related terrorism in cities the findings of this research are of relevance not only to event professionals but anyone with a role in destination and tourism development.

The future of the management of projects in the 2030s

2019 ◽  
Vol 12 (2) ◽  
pp. 242-266 ◽  
Author(s):  
Derek Walker ◽  
Beverley Lloyd-Walker
Keyword(s):  
Project Managers ◽  
Bad News ◽  
Good News ◽  
Workplace Environment ◽  
Content Type ◽  
Routine Work ◽  
The Future ◽  
Management Project ◽  
The Uk ◽  
The Impact

Purpose The purpose of this paper is to explore recent literature on the impact of changes in the workplace environment and projected trends through to the year 2030. This allows the authors to identify and discuss what key trends are changing the nature of project organising work. The authors aim to identify what knowledge and which skills, attributes and experiences will be most likely valued and needed in 2030. Design/methodology/approach This paper is essentially a reflective review and is explorative in nature. The authors focus on several recent reports published in the UK and Australia that discuss the way that the future workforce will adapt and prepare for radical changes in the workplace environment. The authors focus on project organising work and the changing workplace knowledge, skills, attributes and experience (KSAE) needs of those working in project teams in 2030 and beyond. The authors draw upon existing KSAE literature including findings from a study undertaken into the KSAEs of project alliance managers working in a highly collaborative form of project delivery. Findings The analysis suggests that there is good and bad news about project workers prospects in 2030. The good news is that for those working in non-routine roles their work will be more interesting and rewarding than is the case for today. The bad news is that for workers in routine work roles, they will be replaced by advanced digital technology. Research limitations/implications Few, if any, papers published in the project organising literature speculate about what this discipline may look like or what KSAEs will be valued and needed. Practical implications This paper opens up a debate about how project management/project organising work will be undertaken in future and what skills and expertise will be required. It also prompts project managers to think about how they will craft their careers in 2030 in response to expected work environment demands. This will have professional and learning implications. Social implications The issue of the future workplace environment is highly relevant to the social context. Originality/value This paper is about a projected future some 12 years onward from today. It bridges a gap in any future debate about how project organising jobs may change and how they will be delivered in the 2030s.

scholarly journals Are entrepreneurs becoming more risk averse?

2019 ◽  
Vol 35 (1) ◽  
pp. 1-2 ◽  
Author(s):  
John J. Oliver ◽  
Newton Velji
Keyword(s):  
Risk Averse ◽  
Corporate Acquisitions ◽  
Content Type ◽  
Industry Consolidation ◽  
Degree Of Consolidation ◽  
The Uk ◽  
The Impact ◽  
Startup Firms ◽  
Production Industry ◽  
Tv Production

Purpose This paper aims to discuss the emerging theme of risk aversion in entrepreneurs following high levels of industry consolidation. Design/methodology/approach This paper is a viewpoint on the authors’ opinion and interpretation of industry consolidation. Findings The UK Independent TV Production Industry has experienced a remarkable degree of consolidation with corporate acquisitions and mergers changing the size, shape and revenue distribution among firms in the industry. In addition, entrepreneurs appear to be more risk averse in terms of entering the industry. Practical implications If the trend in entrepreneurs in the UK TV Production Industry being more risk averse continues, then the number of new startup firms will fall and that could put the future of the industry at jeopardy. Originality/value This paper presents an interesting observation on the impact of consolidation of the UK Independent TV Production Industry, in so far as, entrepreneurs appear to be becoming more risk averse.

scholarly journals Earnings quality and the cost of equity capital: evidence on the impact of legal background

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ahmed Hassan Ahmed ◽  
Yasean Tahat ◽  
Yasser Eliwa ◽  
Bruce Burton
Keyword(s):  
Earnings Quality ◽  
Institutional Ownership ◽  
Equity Capital ◽  
Cost Of Equity Capital ◽  
Cost Of Equity ◽  
Content Type ◽  
The Usa ◽  
The Uk ◽  
The Cost ◽  
The Impact

Purpose Earnings quality is of great concern to corporate stakeholders, including capital providers in international markets with widely varying regulatory pedigrees and ownership patterns. This paper aims to examine the association between the cost of equity capital and earnings quality, contextualised via tests that incorporate the potential for moderating effects around institutional settings. The analysis focuses on and compares evidence relating to (common law) UK/US firms and (civil law) German firms over the period 2005–2018 and seeks to identify whether, given institutional dissimilarities, significant differences exist between the two settings. Design/methodology/approach First, the authors undertake a review of the extant literature on the link between earnings quality and the cost of capital. Second, using a sample of 948 listed companies from the USA, the UK and Germany over the period 2005 to 2018, the authors estimate four implied cost of equity capital proxies. The relationship between companies’ cost of equity capital and their earnings quality is then investigated. Findings Consistent with theoretical reasoning and prior empirical analyses, the authors find a statistically negative association between earnings quality, evidenced by information relating to accruals and the cost of equity capital. However, when they extend the analysis by investigating the combined effect of institutional ownership and earnings quality on financing cost, the impact – while negative overall – is found to vary across legal backdrops. Research limitations/implications This paper uses institutional ownership as a mediating variable in the association between earnings quality and the cost of equity capital, but this is not intended to suggest that other measures may be of relevance here and additional research might usefully expand the analysis to incorporate other forms of ownership including state and foreign bases. Second, and suggestive of another avenue for developing the work presented in the study, the authors have used accrual measures of earnings quality. Practical implications The results are shown to provide potentially important insights for policymakers, creditors and investors about the consequences of earnings quality variability. The results should be of interest to firms seeking to reduce their financing costs and retain financial viability in the wake of the impact of the Covid-19 pandemic. Originality/value The reported findings extends the single-country results of Eliwa et al. (2016) for the UK firms and Francis et al. (2005) for the USA, whereby both reported that the cost of equity capital is negatively associated with earnings quality attributes. Second, in a further increment to the extant literature (particularly Francis et al., 2005 and Eliwa et al., 2016), the authors find the effect of institutional ownership to be influential, with a significantly positive impact on the association between earnings quality and the cost of equity capital, suggesting in turn that institutional ownership can improve firms’ ability to secure cheaper funding by virtue of robust monitoring. While this result holds for the whole sample (the USA, the UK and Germany), country-level analysis shows that the result holds only for the common law countries (the UK and the USA) and not for Germany, consistent with the notion that extant legal systems are a determining factor in this context. This novel finding points to a role for institutional investors in watching and improving the quality of financial reports that are valued by the market in its price formation activity.

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