scholarly journals Liability of employers for third party harassment in the UK

2020 ◽  
Vol 63 (1) ◽  
pp. 147-156
Author(s):  
Sam Middlemiss
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Research Study ◽  
Case Law ◽  
Third Party ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

Third-party interventions in workplace bullying: a neoliberal agenda?

2019 ◽  
Vol 41 (3) ◽  
pp. 506-519 ◽  
Author(s):  
Hazel Mawdsley ◽  
Alison Thirlwall
Keyword(s):  
Focus Groups ◽  
Trade Unions ◽  
Design Methodology ◽  
Workplace Bullying ◽  
Significant Contribution ◽  
Third Party ◽  
Employment Contract ◽  
Content Type ◽  
The Impact ◽  
Practical Implications

Purpose Bullying is a persistent, damaging feature of neoliberal workplaces, despite the increased use of third-party interventions (TPIs). The purpose of this paper is to investigate how TPIs relate to individualisation of the employment contract, whether TPIs deflect attention away from bullying and the impact for targets. Design/methodology/approach Data were gathered from focus groups and interviews with members and officials of three large UK trade unions. Findings TPIs individualise bullying allegations and such interventions are further characterised by impotence, injustice and lack of impartiality, serving to deflect bullying claims and exacerbate targets’ suffering. Practical implications Recommendations are made to improve the efficacy of interventions. Originality/value This paper increases the limited research into the efficacy of TPIs and makes a significant contribution to debates on neoliberal individualism.

Blessed are the peacemakers

2016 ◽  
Vol 24 (2) ◽  
pp. 16-18
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Industrial Revolution ◽  
Turn Of The Century ◽  
Content Type ◽  
Victorian Era ◽  
Pertinent Information ◽  
The Uk ◽  
Post Industrial ◽  
Practical Implications

Purpose – This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – The UK has long been at the forefront of labor relations, from its origins in the Combination Laws of 1799 and 1800 and subsequent repeal in 1824 to the development of trade unions in the Victorian era and the creation of the Labour Party just before the turn of the century. In the post-industrial revolution era, the UK helped hone and mature industrial policies for workers for much of the developed and developing world. Practical implications – The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Dilapidations in the UK – diminution valuations

2015 ◽  
Vol 33 (3) ◽  
pp. 282-290
Author(s):  
David Gilbert
Keyword(s):  
Professional Practice ◽  
Design Methodology ◽  
Market Value ◽  
Case Law ◽  
Fundamental Principle ◽  
Thought Process ◽  
Content Type ◽  
The Uk ◽  
Professional Guidance ◽  
Practical Implications

Purpose – The purpose of this paper is to look at the practical considerations of valuations undertaken in the UK at the end of leases when the landlord and the tenant are negotiating on the dilapidations claim. Design/methodology/approach – The paper is a review of current professional practice and highlights the salient issues to consider when looking at dilapidation claims. Findings – The paper considers a fundamental principle of dilapidations. That is, how much has the market value of the landlord’s interest diminished at the end of the lease by reason of the disrepair. Research limitations/implications – The paper is based on the interpretation of current statute and case law. Diminution valuations are hotly contested and there is currently little professional guidance available to practitioners. Practical implications – The paper guides landlords, tenants, building surveyors and their valuers on the thought process and practical approach to be adopted in assessing loss in dilapidations cases where the underlying assessment will be carried out on the basis of diminution in value. Originality/value – There is very little written on the practical implications of diminution valuations when assessing dilapidation claims. This paper addresses that shortcoming.

Nineteen years of whistleblowing legislation in the UK: is it time for a more comprehensive approach?

2017 ◽  
Vol 59 (6) ◽  
pp. 1126-1142 ◽  
Author(s):  
David Balaban Lewis
Keyword(s):  
Design Methodology ◽  
Management Practices ◽  
Case Law ◽  
Council Of Europe ◽  
Content Type ◽  
The Public ◽  
Fit For Purpose ◽  
Legislative Reforms ◽  
The Uk ◽  
Practical Implications

Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere. Design/methodology/approach This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research. Findings The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing. Research limitations/implications The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally. Practical implications It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices. Social implications If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech. Originality/value This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.

Employment references and the law

2014 ◽  
Vol 22 (7) ◽  
pp. 39-42
Author(s):  
Engin Mustafa
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Risk Averse ◽  
Value Judgments ◽  
England And Wales ◽  
Content Type ◽  
The Law ◽  
Resource Specialists ◽  
Practical Implications ◽  
Minimal Information

Purpose – This paper aims to examine whether employers are bound to provide references on former employees and the kinds of information they should contain. Design/methodology/approach – It arrives at a set of conclusions through considering case law in England and Wales. Findings – It explains why writing a reference is increasingly the responsibility of human-resource specialists in an organization. Practical implications – It reveals that employers have a number of options, the choice between which will depend upon the organization’s aversion to risk and its balancing of the obligations felt to employees and their future employers. Social implications – It considers that, in an increasingly risk-averse culture, more and more organizations are providing minimal information in references on former employees and avoiding value judgments. Originality/value – It considers the state of the law in England and Wales as regards writing references on former employees.

scholarly journals The UK living wage

2017 ◽  
Vol 39 (6) ◽  
pp. 790-799 ◽  
Author(s):  
Paul John Sellers
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Design Methodology ◽  
Social Implications ◽  
Living Wage ◽  
Content Type ◽  
Moral Basis ◽  
The Uk ◽  
Practical Implications

Purpose The purpose of this paper is to explore the value that UK trade unions now place on the living wage. Design/methodology/approach The author is the TUC’s Pay Policy Officer and examines the issue from a practitioner’s perspective. Findings The living wage now has a well-established place within the hierarchy of pay demands adopted by UK trade unions. This continues a tradition of unions supporting norms and regulations as an adjunct to collective bargaining. However, support had to be achieved through a process of negotiation with the broader UK living wage campaign. Practical implications The paper concludes that there are good prospects for the living wage, and thus for the continued trade union support. Social implications The living wage standard is seen as having a strong moral basis, which often helps to win agreement with good employers. This results in a steady stream of workers out of in-work poverty. The credit for such pay increases is often shared between employers and trade unions. Originality/value The paper is written by a practitioner with inside knowledge and experience of the entire course of the living wage campaign in the UK and how it has been adopted and integrated by trade unions.

Embedding employability within higher education for the profession of policing

2019 ◽  
Vol 9 (3) ◽  
pp. 319-328
Author(s):  
Ian Pepper ◽  
Ruth McGrath
Keyword(s):  
Higher Education ◽  
Design Methodology ◽  
Research Study ◽  
Longitudinal Research ◽  
Evidence Base ◽  
Content Type ◽  
Educational Provision ◽  
Professional Body ◽  
The Impact ◽  
Practical Implications

Purpose The purpose of this paper is to evaluate the impact of an employability module, the College of Policing Certificate in Knowledge of Policing (CKP), on students’ career aspirations, their confidence and wish to join the police along with the appropriateness of the module. This will inform the implementation of employability as part of the College of Policing-managed Police Education Qualifications Framework (PEQF). Design/methodology/approach A three-year longitudinal research study used mixed methods across four points in time to evaluate the impact on students studying the employability module. Findings The research suggests that the employability-focussed CKP was useful as an introduction to policing, it developed interest in the police and enhanced the confidence of learners applying to join. Lessons learnt from the CKP should be considered during the implementation of the PEQF. Research limitations/implications The ability to generalise findings across different groups is limited as other influences may impact on a learner’s confidence and employability. However, the implications for the PEQF curriculum are worthy of consideration. Practical implications As the police service moves towards standardised higher educational provision and evolution of policing as a profession, lessons can be learnt from the CKP with regards to the future employability of graduates. Originality/value Enhancing the employability evidence base, focussing on policing, the research identified aspects which may impact on graduates completing a degree mapped to the PEQF. The research is therefore of value to higher education and the professional body for policing.

scholarly journals Implications of divergences in adult protection legislation

2016 ◽  
Vol 18 (3) ◽  
pp. 149-160 ◽  
Author(s):  
Lorna Montgomery ◽  
Janet Anand ◽  
Kathryn Mackay ◽  
Brian Taylor ◽  
Katherine C. Pearson ◽  
...  
Keyword(s):  
Design Methodology ◽  
Elder Abuse ◽  
Consensus Model ◽  
Content Type ◽  
Legal Responses ◽  
The Usa ◽  
Protection Legislation ◽  
The Uk ◽  
Practical Implications ◽  
Adult Protection

Purpose – The purpose of this paper is to explore the similarities and differences of legal responses to older adults who may be at risk of harm or abuse in the UK, Ireland, Australia and the USA. Design/methodology/approach – The authors draw upon a review of elder abuse and adult protection undertaken on behalf of the commissioner for older people in Northern Ireland. This paper focusses on the desk top mapping of the different legal approaches and draws upon wider literature to frame the discussion of the relative strengths and weaknesses of the different legal responses. Findings – Arguments exist both for and against each legal approach. Differences in defining the scope and powers of adult protection legislation in the UK and internationally are highlighted. Research limitations/implications – This review was undertaken in late 2013; while the authors have updated the mapping to take account of subsequent changes, some statutory guidance is not yet available. While the expertise of a group of experienced professionals in the field of adult safeguarding was utilized, it was not feasible to employ a formal survey or consensus model. Practical implications – Some countries have already introduced APL and others are considering doing so. The potential advantages and challenges of introducing APL are highlighted. Social implications – The introduction of legislation may give professionals increased powers to prevent and reduce abuse of adults, but this would also change the dynamic of relationships within families and between families and professionals. Originality/value – This paper provides an accessible discussion of APL across the UK and internationally which to date has been lacking from the literature.

Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

2015 ◽  
Vol 17 (5) ◽  
pp. 331-334 ◽  
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Service Users ◽  
Consultation Process ◽  
Content Type ◽  
Opportunity To Respond ◽  
Future Paper ◽  
The Law ◽  
Practical Implications ◽  
Consultation Paper ◽  
Law Commission

Purpose – The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). Design/methodology/approach – Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS. Findings – These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process. Practical implications – There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. Social implications – A new and more appropriate scheme would be beneficial for service users and families/caregivers. Originality/value – This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

scholarly journals Foresight in cities: on the possibility of a “strategic urban intelligence”

foresight ◽  
2016 ◽  
Vol 18 (5) ◽  
pp. 469-490 ◽  
Author(s):  
Joe Ravetz ◽  
Ian Douglas Miles
Keyword(s):  
Complex Systems ◽  
Analytical Method ◽  
Design Methodology ◽  
Content Type ◽  
Work In Progress ◽  
Strategic Policy ◽  
The Uk ◽  
The City ◽  
Practical Implications ◽  
Practical Recommendations

Purpose This paper aims to review the challenges of urban foresight via an analytical method: apply this to the city demonstrations on the UK Foresight Future of Cities: and explore the implications for ways forward. Design/methodology/approach The methodology is based on the principles of co-evolutionary complex systems, a newly developed toolkit of “synergistic mapping and design”, and its application in a “synergy foresight” method. Findings The UK Foresight Future of Cities is work in progress, but some early lessons are emerging – the need for transparency in foresight method – and the wider context of strategic policy intelligence. Practical implications The paper has practical recommendations, and a set of propositions, (under active discussion in 2015), which are based on the analysis. Originality/value The paper aims to demonstrate an application of “synergy foresight” with wide benefits for cities and the communities within them.

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