Topic-Morgan Stanley’s Return on System Noninvestment

1. Morgan Stanley underinvested in information technology because CEO of the firm, Philip Purcell believed that the market’s comeback would happen slowly and therefore he focused his business strategy on maximizing profit instead of generating revenue. 2. The merger of the Morgan Stanley with the Dean Witter proved to be unfruitful because it created a digital, cultural and philosophical divide which was extremely difficult to overcome. 3. The strategic objectives of information system are as following-:  ·   The overwhelmed broker desktop workstations have been replaced by new systems which are better integrated with backened systems so that brokers have a better view of client portfolios.  ·   New systems have been uploaded so that brokers will have access to all relevant client data at once, including transaction history, contact history and portfolio performance.  ·   The company also rolled out a new tax reporting application that automatically reconciles gains and losses and allows user to download information from its client website into popular tax programs.  · The quality of the website was upgraded i.e it was made more attractive and informative as per customer demand.  · The salaries and expense accounts of the brokers were increased.  ·   The intellect executives have been assigned the task of managing the firm. 4.I would provide the following services-:  · Free online form for investors.  · Credit cards will be issued.  ·   Financial transactions will be allowed using Automatic Teller Machines(ATMs).  · Standing orders and direct debits will be facilitated so that payments for bills can be made automatically.  · Online deal with the clients which will save a plenty of time. Yes, according to me the Morgan Stanley’s plan for an integrated client information system are worthwhile because it generated an income of dollar 1.96 billion in June 2006. 5. Other than new system, following amendments have to be made at Global Wealth Management Group to restore profit and revenue collection-:  · Introduction of senior executives in the main management of the company so that it will be knowledge as well as profit oriented.  · Frequent schemes should be laid down for the customers which seems to be beneficial to them.  ·   A tight management to strictly follow all the rules of the company.  ·   A customer friendly environment should prevail. References topic- â€Å"banking services† dated 19th june 2007      

A Family Play Essay

Robert: If you don’t like what I’m watching then go and watch the other TV. Mary: No! Why don’t you just put it on something that we both like? Mum and Dad are watching the other TV anyway. Robert: Because I like this. Mary: Well you need to go to bed soon. Robert: Well when I do then you can watch what you like. Mary: Why do you always need to be so selfish? I hate having a younger brother like you. (Short pause of silence) Shelly: (shouting) Robert it’s time for bed now. Robert: Alright I’m going, I’m going. (Robert stands up) Mary: Can I have the remote control, Robert? Robert: If you say please. Mary: Don’t be such an idiot and just give it to me! (Robert leaves the remote control where he’s sitting smiles sweetly at Mary and leaves the room) Robert: G’night Mum, G’night Dad. Shelly and Colin: Goodnight Robert, sleep well. (Next day and Robert wakes up very excited because it’s his birthday, he gets dressed and goes downstairs where his parents are eating breakfast. ) Robert: (happily) Good morning! Shelly: Morning Robert, you seem very cheerful today? You’re usually half asleep at this time in the morning. Robert: (laughing) Am I not allowed to be cheerful on my birthday? – When can I open my presents? Colin: (looks extremely worried) Well†¦ Robert: Can I open them now? Where’ve you put them? Shelly: Hmm†¦ Well†¦ Robert I think that we both kind of forgot what the date was. Colin: (convincingly) It’s not that we forgot when your birthday was! – It’s just that we’ve both been so busy with work recently we haven’t been keeping track of what the day is. Robert: (shocked) You mean†¦ you forgot my birthday?! Shelly: No! We just haven’t had the time to get you a present yet. Robert: I can’t believe it! My own parents forgot my birthday! (Shelly walks over to Robert to try and comfort him but Robert shrugs her off) Shelly: I know, why don’t we all go a shop now and we can buy you a present? Robert: Because its Sunday and all the shops are closed. Shelly: So it is, I forgot what day it was. Robert: (angrily) I noticed! Colin: We’re really sorry Rob, you know how busy we’ve both been. (Mary enters, having heard the noise) Mary: What are you shouting about?! Robert: Don’t tell me you forgot too! Mary: Forgot what? Robert: It’s my birthday! Mary: Is it? I thought it was the 8th today? Not the 9th. Robert: Well it’s the 9th, and you all forgot! Mary: Oh, sorry Rob, I didn’t realise. Robert: Don’t expect me to remember any of your birthdays! (small awkward silence) Colin: I know we’ll take you out to the pub for a Sunday lunch, and I’ll buy your present tomorrow. Robert: (sulkily) Fine. (Later that morning the doorbell rings and Mary goes to answer it) Mary: (shocked) Hi Uncle Craig! Craig: (Australian accent) Hello Mary, how are ya? Mary: I’m fine thanks! (louder) Muuuuum uncle Craig’s here from Australia! (Shelly comes to the door) Shelly: Who? I thought you said Craig! (laughs to herself) Craig: (smiling) She did. Shelly: (shocked) Oh my god, Craig! Wh†¦ Wh†¦ Why are you here? Craig: Well for Roberts birthday of course! Where is he? Shelly: He’s in his room. But he’s going to be so pleased to see you! Have you come all this way just to see Robert on his birthday? Craig: That’s right! I thought I’d surprise you all. Mary: Well you’ve definitely done that! Shelly: Well come in, have a drink, make yourself at home. (They all go into the living room to join Colin) Colin: Hello Craig, how are you? This is certainly a surprise! Craig: I’m doing great thanks, how ’bout you Colin? Colin: Not bad. Not bad. Mary: I’ll go and fetch Rob. . (Mary leaves to get Robert) Craig: So what present did you get Rob? Shelly: (sheepishly) Oh, we haven’t got it yet. Colin: Were getting it tomorrow though. Craig: Oh alright then, I hope he likes the present I got him! Shelly: I’m sure that he will. (Mary and Robert come back downstairs) Robert: (very excitedly) Hi uncle Craig! (gives him a hug) what are you doing here? Craig: For your birthday of course! Did you forget? (laughs) Robert: (sarcastically) I didn’t, but I know somebody who did. Craig: What do you mean? Robert: Didn’t they tell you? They forgot that it was my birthday today! Craig: (looks at Colin in surprise) Really? That’s terrible! Colin: We lost track of what day it was. Craig: I’m sure he won’t mind if you get a present tomorrow then. Will you Robert? Robert: No, I suppose not. Craig: Now, do you want to see what I got you? (Robert suddenly seems more excited again) Robert: oooh yes please! (Craig hands Robert a long wrapped up present, which Robert begins to unwrap) Robert: Wow! A didgeridoo! Thanks Craig, that’s amazing! Craig: Glad that you like it Rob.

Beer and Heineken

Budweiser Vs. Heineken – Presentation Transcript 1. Budweiser Marketing Mix 2. Heineken 3. Many of life's failures are men who did not realize how close they were to success when they gave up. – Thomas Edison 4. Introduction * Anheuser-Busch * Anheuser-Busch Inc. is a strong and dominating company that is a leader in the beer market. They are a company that is rooted in values, ethics and sheer determination. * Anheuser-Busch targets consumers who are interested in alcoholic beverages that provide the best taste and quality. Their targets are anyone from the lower class of society, all the way up to the upper class. They have a wide range of brands and beverages to offer that are appealing to each social class. 5. Brief History * Anheuser-Busch Companies, Inc. traces its roots to 1852 and the Bavarian Brewery in St. Louis. * Adolphus Busch, a successful German businessman, joined his father-in-law in the business in the 1860s and took on increasing responsibility. * Budweiser was the first national beer brand, introduced in 1876. * In 2008, Anheuser-Busch and InBev combined to become Anheuser-Busch InBev. The new company is the world’s largest brewer and one of the top 5 consumer goods companies in the world. 6. Introduction The Heineken family entered the beer business in 1864, when Gerard Adriaan Heineken bought a brewery in the heart of Amsterdam. Over the past 140 years, four generations of the Heineken family have built and expanded the brand and the company in Europe and around the world. It is thanks to the leadership of Gerard, Henry and Alfred Heineken that Heineken is one of the world’s leading brewing groups. Today Charlene de Carvalho-Heineken is delegate member of the Board of directors of Heineken Holding N. V. 7. Introduction At the end of 2007, Heineken has expanded to a number of 119 brewers in more than 65 countries all over the world with a number of 50,004 employee in the year of 2007. (Heineken N. V. , 2008). 8. Product 9. Product * Product Definition * General: Good, idea, method, information, object, service, etc. , that is the end result of a process and serves as a need or want satisfier. It is usually a bundle of tangible and intangible attributes (benefits, features, functions, uses) that a seller offers to a buyer for purchase. 10. Product: Budweiser Anheuser-Busch is an American-style lager and is one of the most popular beers in the United States. * Budweiser is made up of large proportion (up to 40%) of rice in addition to hops and barley malt. * Budweiser is produced in various breweries located aound the United States and the rest of the world. * It is a filtered beer available in draught and packaged forms. 11. * Introduced in 1982 * It was one of the first light beer s in the world * Bud Light is the best-selling beer in the U. S. and the #1 beer in the world * It’s brewed at all 12 Anheuser-Busch U. S. based breweries. Bud Light is brewed with all-natural ingredients – water, barley malt, rice, premium hops and yeast. * A blend of two and six row malt and cereal grains give bud light its clean, crisp, smooth taste. * There is 110 calories, 6. 6 grams of carbohydrates and is 4. 2 % alcohol by volume in each 12 OZ. serving Product: Bud Light 12. Product: Bud Select * Bavarian hops and an extended brewing process combine to give the Budweiser Select its distinctively full flavor-despite weighing in at only 99 calories. Dark gold in color and pleasingly aromatic, Budweiser select is impressive from any angle. The Exception to the Rule. 13. Product: Bud Light Lime * Bud Light Lime is a premium light beer that combines the superior drinkability of Bud Light with a splash of 100% natural lime flavor. * A light beer with 4. 2% ABV and 116 calories per 12 ounce serving 14. Product: American Ale * Debuted in September 2008. * The beer offer complex taste without much bitterness. * It is the first beer under the Budweiser name that is brewed as an ale rather than a lager. The beer has a darker color which is a departure from other Budweiser brands 15. Product: Bud Dry was introduced in the U. S. in 1990 with the slogan of â€Å"Why ask why? Drink Bud Dry. † * It was originally successful in the test markets and was expected to be a popular beer with the rise in lager popularity. * However, with the introduction of Bud Ice in 1994, Bud Dry began to decline in the mainstream popularity and no longer receives attention. 16. Product: Bud Ice * Introduced in 1994 as â€Å"Ice by Budweiser†. * Contains more alcohol (5. 5%ABV) more than Budweiser. * Bud Ice Light was introduced in 2007. * Contains 4. 1% ABV and 110 calories. 17. Product: Clamato Chelada. A blend of Budweiser or Bud light and Clamato. This bevera ge became available nationally in late 2007 due to overwhelming popularity during test marketing. * In its most basic form, the chelada is a fairly innocuous mixing of beer with lime and salt. Miller's new product, Miller Chill, incorporates these flavors in their new product, which they have slotted as a super premium light beer 18. Marketing Mix: Product Keegan and Schlegelmilch define a product as a collection of physical, psychological and symbolic attributes that collectively yield satisfaction, or benefits, to a buyer or user. When we interpolate the above definition into Heineken, we see that all three parts mentioned above, i. e. Physical, Psychological and Symbolic apply to Heineken products. 19. Brief Summary * When looking at the marketing mix of Heineken, we see that they have only a limited amount of products as they have a large diversity of brands. Their main product is of course, ‘the beer’. Currently, they have only four kinds of beer: * Heineken Pilsener * Heineken Premium Light * Heineken Tarwebok * Heineken Oud Bruin * The last two are specialty beers available only in USA and Netherlands. Of course they have a large variety of other brands to compensate 20. Products Heineken Pilsener This is Heineken’s regular beer which is the same as the original Heineken started with. Its mildly bitter taste, fresh, fruity aroma, bright color and exceptional clarity are obtained using only the purest water, hops and barley malt. Alcohol: 5% vol. 21. Products Heineken Premium light Heineken’s Premium Light is a beer brewed by Heineken mostly for the US market. It was introduced in 2005 and took them 10 years of market research, and was chosen from twenty options. The introduction of this beer was a big step for Heineken. Alcohol: 3. 3% vol. 22. Products Heineken Tarwebok/Special Dark (USA) Traditionally brewed and drunk in autumn, this aromatic, strong beer has a full-bodied, spicy taste derived from unique malts made with roasted spring barley and wheat. It is available only in Netherlands and in US under the name Special Dark 23. Products Heineken Oud Bruin One of the most traditional Dutch beer types, ‘Old Brown’ derives its rich, dark color and taste from its dark malt and hops. Natural sugar gives it a mildly sweet, caramel taste. It is available only in the Netherlands. 24. Products: Draught BeerTender A joint venture between Heineken and the electronic company Krupps resulted in the BeerTender which is a beer tapping system for use at home. It uses small lightweight 4-5 Lt. kegs. It is a closed system meaning that only available beer is from Heineken itself. It was first introduced in Netherlands in 2004 and found its was to eight other countries by 2008. In 2007 there were already 300,000 BeerTenders sold. 25. Products: Draught 6. Products: Draught DraughtKeg Another similar product that is developed and engineered is the DraughtKeg. It is a 5 Lt keg that has the entire tapping system built into it. The keg is portable, disposable, 100% recyclable and is manufactured in lightweight steel. It was first introduced in France in 2005. In 2007, it was available in 90 countries and sold more than 10 million units. 27. Products: Draught 28. Physical: Styling an d Packaging * Budweiser has introduced many can designs with co-branding and sports marketing promotional packaging. Today, most of these promotional programs are represented only on the 16 ounce aluminum bottle container. However, many major league baseball and NFL teams also promote 24 ounce cans marked with team logos. * NFL team-specific packaging for 28 National Football League teams from Budweiser and Bud Light. * Anheuser-Busch domestic breweries will be involved in the team specific packaging campaign, which will produce more than 78 different packaging combinations on 12 million cases of Budweiser and Bud Light aluminum cans. 29. Physical: Styling and Packaging Packages are sometimes tailored to local customs and traditions * In St. Mary's County, Maryland, ten ounce cans are the preferred package. * Chicagoans widely prefer the 16 ounce can. * Michigan prefer the eight ounce can. 30. Styling and Packaging * Presently, Budweiser is distributed in four large container volumes: half-barrel 15. 5 gal), quarter-barrel, 1/6 barrel and beer balls (5. 2 gallons). In smaller consumption volum es, Budweiser is distributed in eight, ten, 12, 16, 22, 24, 32 and 40 ounce containers. Smaller containers may be made of glass, aluminum or plastic. 1. Physical: Styling and Packaging * The Budweiser bottle has remained relatively unchanged since its introduction in 1876. * The top label is red and currently reads "Budweiser". The top of the main label is red with a white banner with a pledge on it, which has changed three times. Below the banner is a coat of arms of sorts, which features an Anheuser-Busch stylization. Below that is a large white box. 32. Physical: Styling and Packaging * Through early 1950s Budweiser was primarily distributed in just 3 packages: * Kegs * 12 ounce bottles * Quart bottles 3. Physical: Styling and Packaging * Metal Container Corp. supplies more than 60 percent of Anheuser-Busch’s domestic lids. * Anheuser-Busch Recycling Corp. recycles used beverage cans, which are remelted into new sheet aluminum. This business unit provides a posit ive alternative to mandatory deposits and helps reduce container costs. A-BRC annually recycles more aluminum cans than Anheuser-Busch sells domestically. 34. Physical: Styling and Packaging * Eagle Packaging Inc. supplies 100 percent of Anheuser-Busch’s domestic crown and closure liner materials * Longhorn Glass Corp. roduces longneck glass bottles and ships all its output to the Anheuser-Busch Houston brewery. LGC supplies the Houston brewery with more than 60 percent of Anheuser-Busch’ total glass bottle needs. 35. Analysis * Budweiser packaging concentrates more on co-branding and sports promotional packaging. * The can packaging size differs from one community to the other. * Larger container volumes ranges from 5. 2 gallons to 15. 5 gallons * A distinctive coat of arms of some sort which features Anheuser-Busch stylization. 36. Physical: Styling & Packaging Styling and packaging is critical and very important for Heineken. They also emphasize this by saying the following in their annual report of 2007: â€Å" Packaging is a key element in Heineken’s marketing and innovation strategy. New pack types create new consumption moments, build excitement around our brands, improved margins and higher volumes. † In this way, Heineken moves beyond from selling just beer to selling experiences by augmenting their product. We will see some examples of the creativity and innovation of Heineken when it comes to packaging. 7. Physical: Styling & Packaging Beer is typically served in two main types of packaging, bottles and cans. 38. Physical: Styling & Packaging Paco Bottle In 2004 Heineken introduced the Paco bottle which is made out of striking green aluminum to reinforce the brand’s premium positioning. With the Paco bottle, Heineken was the first beer brand to win Frontier’s Star Product of the Year award in 2005. â€Å" Heineken has succeeded in creating a brand new high value subcategory without cannibalizing from existing sales. The product, placement and price are all well adjusted to the travel retail environment. Paco creates a premium perception in a category that has never been perceived as premium. † [Pittilla, 2005] 39. Physical: Styling & Packaging DraughtKeg The DraughtKeg mentioned earlier caused a disruption in the beer market. Its unique functionality, offering real draft beer from a keg that is scaled down for convenience, improves the customer experience. What makes this so special is that it is done by a revolutionary packaging instead of a new flavor or a new style of brewing. 0. Physical: Styling & Packaging DraughtKeg It took 15 years to develop and an investment of $15million in a new production line. It results in 12-14 beers and costs only slightly more than a regular 12-pack. Because Heineken is a premium brand, this light increase in price will not bother the consumers since they get a better and fresher taste from the DraughtKeg. Since the margins on low-end beer are too slim to support this type of delivery system, Heineken has managed to use its creative packaging abilities to disrupt the commodity beer market. 41. Physical: Styling & Packaging Heineken WOBO In 1963, the then chairman , Alfred Heineken visited the Caribbean and noticed beaches littered with beer bottles and a shortage of building materials. This gave him the idea to use the beer bottle for another purpose then just hold beer and came up with the Heineken WOBO (World Bottle). The specially designed bottle was meant function like normal ‘brick and mortar’ construction. However, only 100,000 bottles were produced and now they have become a treasured collector’s item. 42. Psychological: Entertainment Sponsorship of the world’s premier sporting events * Maintains a high-profile presence with adult audiences through innovative marketing and sponsorship programs in sports, music and entertainment. 43. Busch Entertainment Corp. * It generates solid financial returns, supports Anheuser-Busch’s beer brands and enhances the Company’s image. * Busch Entertainment Adventure parks; * New shows and att ractions (â€Å"Believe†) * Wildlife conservation and commitment to guest service: Seaworld &Busch Gardens 44. Psychological: Environment The company recognizes the importance of being a good environmental steward in the communities where it operates. * Bio-Energy * Wastewater into a renewable fuel source * Recycles more than 97 percent of the waste it generates * Projects with the National Fish and Wildlife Foundation 45. Psychological: A positive lifestyle – Enjoy Heineken responsibly In 2004, Heineken became the first alcohol company in the world to link a responsibility message on bottles, cans and secondary packaging with a dedicated alcohol education website. This website, www. enjoyheinekenresponsibly. om , holds information on Heineken’s alcohol policy and provides information on the effects of alcohol and guidelines for responsible drinking. It also can redirect visitors to organizations dedicated to the subject. 46. Psychological: A positive lifestyle – Heineken Alcohol Policy Statement Heineken formed an alcohol policy statement, Heineken Alcohol Policy Statement (HAPS), that contains eight ruling principles shown below (Heineken Alcohol Policy, 2008). 1. Responsible consumption of beer is consistent with the maintenance of a balanced and positive lifestyle for most adults who choose to drink 2. The informed individual is responsible for his/her own behaviour 3. Heineken is committed to raising awareness regarding responsible consumption 4. We demand responsible behaviour of all employees in our family of companies around the world 47. Psychological: A positive lifestyle – Heineken Alcohol Policy Statement 5. Heineken companies are charged with ensuring that their commercial activities meet legal requirements and do not encourage irresponsible consumption 6. We want to help prevent abuse and misuse through dialogue and action 7. Implementation of the Heineken Alcohol Policy is mandatory in all Heineken companies 8. We will report on our actions related to our Heineken Alcohol Policy 48. Psychological: A positive lifestyle – Heineken Alcohol Policy Statement 49. Brand Image * We are all aware that it is very difficult to taste the difference between the varieties of available beer brands when given it unlabelled, it is almost impossible for a common man to say for sure what brand is it, and there are several cases on this issue. Therefore the styling and, packaging and brand image is very important. In the world of brew, consumer loyalty is shaped by brand culture (Barnet, 2001). 0. Positioning * Globally brewed and considered as leader on the market. * Holding a 49% market share of US beer sales * Quality product, best tasting, satisfying beer on market * Target market is 21 years and older * – Fun loving * – Care free individuals * – Drink occasionally and or on daily basis 51. Positioning 52. Positioning 53. Brand Strategy * Breweries: * 14 breweries in the US * 14 in China (to be 15 soon) * 1 in the UK * Brewing in partnership with Grupo Modelo in Mexico and Labatt Brewing Company in Canada * Not sell direct to customers Good sold to wholesalers, then retailers and finally to customers * Line strategy * Brand extension 54. Brand Strategy * Brand positioning * Attributes * Benefits * Benefits and values * Brand name selection * Selection * Protection 55. Brand strategy cont†¦ * Brand sponsorship * Manufacturers brand * Co-branding * Brand development * Line extension * Brand extension 56. Budweiser Brand Health * Measuring brand health gives a view of forward momentum — keeping the brand position relevant by staying ahead of constantly shifting customer needs and competitive pressure. Brands can be eternal if nurtured well. * Budweiser feels that, the â€Å"white and red blood cells† of healthy brands are resilience and leveragability thus their brand custodians must always realize that maintaining long-term brand health is usually more important than the short-term $ gains, thus they try to promote the health of their product through sponsorship. 57. Other brands * Bud light Budweiser/Bud Select Bud Ice Light Bud Ice 58. Other brands Budweiser American Ale Bud Silver Bud Light Lime Bud Dry 59. * Budweiser & Clamato Chelada Other brands Bud Light & Clamato Chelada 60. Brand Image Heineken is a group which owns a worldwide portfolio of over 170 beer brands, mainly pale lager, though some other beer styles are produced. As of 2006, Heineken owns over 130 breweries in more than 65 countries and employs approximately 57,557 people. The global beer market is expanding steadily, despite a decline in the traditional markets of West Europe and North America to approximately 1. 5 billion hectoliters in 2005 from 1. 4 billion hectoliters in 2002. 61. Brand Image â€Å" Heineken. Meet you There† Heineken USA as leading importer of beer into the US, including the flagship Heineken beer. Alaska distributors is a wholesaler of malt beverages in Washington and Alaska. Heineken did not approve a proposed transfer of distribution rights to another wholesaler, and later terminated the existing wholesaler and appointed a new wholesaler, Alaska Distributors. The market area for the distributor was North of Seattle, Washington. 62. Brand Image Heineken total beer volume was made up- Heineken brand 18. 7%, Amstel 9. 1% and other beer brands 72. 2%. 63. Filip Wouters VP Marketing Heineken Heineken USA Brand Image Heineken is an iconic brand that represents heritage, premiumness, innovation and quality around the world and is the gold standard for imports in U. S 64. Positioning Heineken is the world’s most valuable International premium beer brand. Heineken hopes to consolidate its position within the high growth Romanian beer and mineral water market by acquiring Transylvania-based brewer Bere Mures for an as yet undisclosed fee. As of 2007, Heineken owns over 119 breweries in more than 65 countries and employs approximately 54,004 people. 5. Positioning 66. Brand Strategy Building a winning brand portfolio centered around Heineken. Their brand strategy is to build a strong portfolio that combines the power of local and international brands and which has Heineken at its center. The consistent growth of Heineken requires solid creative brand management, which they always coordinate centrally. For the Heineken & Amstel brands, they develop and maintain central guidelines and standards for brand style, brand value and brand development. 67. Brand Strategy Heineken applies the following global brand strategy: â€Å"Our brand strategy is to build a strong portfolio that combines the power of local and international brands and which has Heineken at its center. (Heineken N. V 2005) 68. Brand Strategy 69. Heineken Brand Dashboard Heineken introduce a standard for measuring brand performance. Heineken brand Dashboard is a new system for measuring and reporting all essential keys performance indicators on sales, marketing and finance relating to the Heineken brand. This tools will make it easier to diagnose brand health issues and to have a consistent vies of the most successful growth drivers for the Heineken brand across the business. 70. Other Brand The Company’s other brands with some international distribution are Amstel which sold 630 million liters, Buckler, a nonalcoholic beer, which sold 90 million liter and Murphy’s Stout, recently acquired. As a result of acquisitions, Heineken also oversaw the brewing of many local and regional beer brands marked by its subsidiaries, such as Bir Bintang, the leading Indonesian brand. 71. Thank you

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Discussion Question Benjamin Franklin - Essay Example Franklin made education accessible to the common man as he believed it should not be a privilege only for the elite. He founded the first non-sectarian college in America, which later became the University of Pennsylvania. He was also credited for establishing the first library, hospital, and police force in Pennsylvania. A true believer in serving one's country and mankind, he was said not to patent his inventions. Franklin was also a printer. By the age of 22, Franklin owned and operated his own printing office and used his printing skills to print paper money. Franklin helped to establish the paper currency system in America that today, his contribution to the economy is honoured with his face on the $100 bill. In research, Franklin was the first person to conduct an extensive study on electricity. It is said that in June 1752, he used a kite to prove that lightning was a stream of electrified air called plasma. This study later led him to develop the lightning rod to protect people, especially on ships. Franklin personified the striving, ambitious, rising system of individual achievement, hard work, thrift and optimism found at the heart of the American spirit. In fact, Franklin is often introduced to elementary school children as a Renaissance man, someone who seemed to master all fields of knowledge.

Euthanasia Essay Example | Topics and Well Written Essays - 750 words - 1

Euthanasia - Essay Example Specifically, euthanasia has been defined as, â€Å"a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering" (Harris 2001, p. 70). Globally there are a variety of legal perspectives on euthanasia. In these regards one considers the nature of voluntary and non-voluntary euthanasia. Voluntary euthanasia, when the act occurs with the willful consent of the patient, is permitted in some countries. Conversely, involuntary euthanasia is globally prohibited. The last two decades have experienced tremendous controversy over euthanasia as individuals such as Dr. Jack Kevorkian popularized the practice, gaining significant media attention in the process; still, one must note that even as Kevorkian gained some mainstream acceptance, he was ultimately convicted for his actions. While legal considerations of euthanasia are a major concern, of late ethical concerns have most prominently dominated the collective discussion. This essay exam ines ethical concerns within secular and catholic perspectives. While Catholic doctrine spans a wide array of considerations, one of the most comprehensive perspectives exists in the Catechism of the Catholic Church. Part 3, section 2 of the catechism addresses many considerations related to euthanasia. One considers that the Ten Commandments is a foundational doctrine not simply of the Catholic Church, but of the Christian faith. ... The catechism states, "Human life is sacred because from its beginning it involves the creative action of God and it remains for ever in a special relationship with the Creator, who is its sole end. God alone is the Lord of life from its beginning until its end: no one can under any circumstance claim for himself the right directly to destroy an innocent human being" ("Vatican VA"). One considers that this passage more accurately stands against the act of euthanasia. Rather than simply prohibiting the act of murder this consideration extends the notion to include life as sacred from beginning to end, and granting God specific domain over life decisions. The preceding examples demonstrate that Catholic doctrine prohibits acts related to euthanasia. Still, individuals have argued that the nature of euthanasia – delivering one from their suffering – would be in line with the general mode of Christian thought. Further analytic consideration has been given to this counter-ar gument. While delivering an individual from suffering would seemingly be viewed as a positive step, it has been argued that Jesus suffering on the cross is positioned within the New Testament and larger Christian faith as a necessary aspect of life. In these regards, the suffering resulted in the forgiving of humanities sins. On a broader symbolic level it represents that oftentimes-suffering functions as a means of developing character or for ultimately positive reasons (Pavone). While the Catholic perspective on euthanasia strictly forbids its occurrence, there is a variety differing secular perspectives. In the realm of medical ethics one of the prominent ethical approaches is that of natural law. Natural law as established in Greek antiquity states that, â€Å"man should live life

Related events and developments that span the years 1865 to the Research Paper

Related events and developments that span the years 1865 to the present - Research Paper Example But because of industrialization, the agricultural economy was eventually surmounted by a market economy (Jackson, 1998). Hence, this paper argues that one of the major changes in the American labor market for the past century has been the drastic transition in women’s responsibilities, from mostly unpaid domestic roles to a mixture of traditional unpaid roles and paid jobs. The important events outlined in this paper reveal the increasing participation of women in the labor market and the continuous shrinking of the pay gap between female and male employees. With the spread of industrialization, a new state of affair emerged. The common belief during that period was that males were more able to cope with the tough, competitive environment of the workplace. On the other hand, females were believed to be incapable of dealing with the demands of the outside world. They were not allowed to vote, were prohibited from getting a job, and were kept out of the public and political are nas (Hermann, 2006). Their obligation to society was to care for, nurture, and indoctrinate children. But all of these changed with the ratification of the 19th Amendment and the Equal Pay Act. ... Feminists began to demand persistently for more comprehensive and liberal legislation. The 19th Amendment protects the right of women to vote. Since the 1800s, women protested, lobbied, and appealed to acquire suffrage rights, but it took many years before they achieved their goal. By 1916, most of the leading suffrage groups joined together to demand a constitutional amendment (Severn, 1967). The House of Representatives endorsed the amendment on the 21st of May 1919, and immediately afterward, the Senate complied. The ratification was declared by Secretary of State Bainbridge Colby on the 26th of August 1920, radically transforming the entire American voting public permanently (Monroe, 1998). Approval and endorsement of the 19th Amendment implied that U.S. citizens should be granted the right to vote, regardless of gender. It took roughly four decades until Congress passed the amendment for approval. The women’s suffrage movement was already present during the mid-19th centu ry, during the Reconstruction era. Throughout these years, leaders of women’s rights movement campaigned for enclosure of universal suffrage in the Reconstruction amendments (Monroe, 1998). In spite of their attempts, these amendments ignored the issue of women’s suffrage. The development of territorial constitutions, alongside persistent negotiation of the western frontier, facilitated the continuous state-wide deliberation of women’s suffrage (Schwarzenbach & Smith, 2013). Due to the committed, continuous efforts of supporters of voting rights, women’s suffrage was ratified in the new constitutions of Washington, Utah, and Wyoming. State governments started to take into consideration suffrage

Financial Reporting in New Zealand Essay Example | Topics and Well Written Essays - 2000 words

Financial Reporting in New Zealand - Essay Example Therefore, financial reporting provides information that assist investors, creditors, and others assess the amounts, timing, and uncertainty of prospective net cash inflows to the related enterprise. Decision makers' uses information in the financial report on how to base investment, credit and other decisions underlies the objectives of financial reporting. A critical evaluation is done in relation to the usefulness of the financial reporting and the purpose it serves. This paper discusses if the provision of a true and fair view of an entity's financial position and performance is required by law. It shows the importance of conceptual framework and why we use regulations that are part of Generally Accepted Accounting Practice (GAAP) to govern financial reporting in New Zealand. Companies, issuers and all public sector entities in New Zealand are required under legislation to act with accordance with General Accounting Acceptable Principles (GAAP) when presenting their external financial reports. According to New Zealand Institute of Chartered Accountants, they ensure that those involved in preparation of financial reports of entities to comply with General Accounting Acceptable Principles (GAAP) and any nonconformity should be reported. (New Zealand Institute of Chartered Accountants, 2006) Generally accepted accounting principles (GAAP) are accounting rules that are used to prepare financial statements for publicly traded companies and private companies as well as non profit making organisations. The generally accepted accounting principles operate under a different set of assumptions, principles, and constraints. GAAP ensures that the financial statements are useful to relevant users as they have the following essential qualities. Relevancy: A relevant information assist users of the financial statements to predict the future event in relation to the present and the past. This information must be available before the decision is made, so for this case they make a difference in decision making. Reliability: The information presented in the financial statement should be reliable i.e. if an independent auditor verifies it using the same method; he should be able to get the same result. Comparable: The financial reported should also be able to be reported in the same manner for a different organisation hence one can compare financial results of different companies. Consistent: This means that the same accounting method applied should be the same from period to period should be well explained and justified. This allows comparison of financial statements of the same company of different periods. For GAAP to achieve its objectives, it is usually guided by basic assumptions, principles and constrains. The Assumptions includes: Economic Entity Assumption: There is an assumption that the business is

Las Meninas and Allegory of Painting Essay Example | Topics and Well Written Essays - 500 words

Las Meninas and Allegory of Painting - Essay Example The essay "Las Meninas and Allegory of Painting" compares Diego Velasquez's 'Las Meninas' and Jan Vermeer's 'The Allegory of Painting'. These two paintings are clearly Baroque art pieces. Las Meninas was made on 1656 and The Allegory of Painting was made on 1666 to 1668. Their subjects are slices of life, one in the castle and one in a non-specific room. Both paintings use light and shadow very well, providing depth and dimension to both paintings. Both evoke the same feelings of the viewer being in the room with the subjects, as the paintings are all open. However, they are also indifferent at the same time. They both have the element of mystery. They also feature the painter character in the painting. In Las Meninas, it is clearly identified that that character was Velazquez but in The Allegory of Painting, the painter is turned back, so positive identification of the subject is impossible. Both paintings tackle everyday life. In Las Meninas, it features the scene in the castle. Ac cording to various literature, it is in a room of the palace of King Philip IV of Spain. There are many characters in it, like the young Princess Infanta Margarita Teresa together with her maids of honor, chaperone, bodyguard and two dwarfs. However, there is the mirror element at the back wall of the room reflecting the images of the King and Queen of Spain. That implies that the painter is painting the King and Queen, and that the King and Queen are in the place of the viewer, out of the painted space.

Development of Pad Conditioner Drop Detection System Dissertation

Development of Pad Conditioner Drop Detection System - Dissertation Example The project focuses on the design of a sensor system that can trigger accumulation of copper on the pad or detect the optimal parameters of the CMP equipment. Contents Development of Pad Conditioner Drop Detection System 30 1 1.0 Introduction 5 1.1 Background information 5 1.2 Statement of the problem 6 1.3 Statement of the problem 8 On 13h Dec 2010 PCUD712 went to check P2 trace and found Cu was not fully polished at wafer. This problem of having wafer edges that are not fully polished has caused the need for this project. No one did recognize the occurrence of the problem until one of the maintenance team did a random testing. Making CMP equipment that has a sensor can trigger any drop caused by the presence of copper and call for a response from the team. 8 1.4 Project scope 8 1.5 Objective 9 1.6 Specific objectives 9 2.0 literature Review 10 2.1 Types of planarization 10 2.1.1 Doped Glass Reflow 10 2.1.2 Spin etch planarization (SEP) 10 2.1.3 Spin on deposition (SOD) 11 SOP is mo stly applied in deposits on different glasses, porous low-k dielectrics and polymer ILD. By mixing different base catalysts and suitable additives, a precursor solution is prepared at room temperature. Pretreated wafer surface provides an effective surface for solution spreading. A little amount of the solution is dripped on the wafers that are then rinsed, spun dried baked and later cured. This process shows excellent gap filling qualities. Nevertheless, several defects are noted on the spin in the deposited materials. When the materials from this process are exposed to plasma, they show non-homogeneity in subsequent operations. Undue stresses are induced by the tendency of the spin to absorb moisture from the air and releasing it with evolution of thermal stresses. The stresses result to cracking, peel off, shrinking, degradation and contamination of interconnects and thermal instability. 11 2.1.4 Reactive ion etch and etch back 11 2.1.5 Chemical mechanical polishing 12 Historical ly, grinding has always been an inexpensive operation compared to polishing. The level of polishing required nowadays in the IC fabrication can not be matched to these advantages (Yoshio, 2000). Unlike grinders, polishers use elastic media to sever bonds on a molecular level ejecting nanometer sized particles. The grinders’ use rigid media that create cracks through a work piece, the clusters are micron sized. Recent research has shown that the maximum force is a key variable of sub surface damage (Chandra etal., 2000 p.81). CMP focuses on the insights accruing from the investigations on minimizing force/grit by applying knowledge of errant particles that plague polishing processes (Chandra & Bastawros, 2004 p.65). The process involves incorporating the wafer pattern into a gimbal and replacing the polishing pad with two diametrically opposing wheels. The trapped particles will induce a torque on one of the wheels thereby making the gimbal rotate away from offending particle. Through optimization of the dynamics of the gimbals’ response to the acute forces resulting from the errant particles, a defect mitigating maximum-force minimization is realized at low cost. 15 2.2 IC interconnects 17 2.3 Photometric dispersion analyzer (PDA 2000) 19 To monitor properties of flowing suspension and emulsions, a PDA 2000 is used both in laboratories

Assisted Suicide Essay Example for Free

Assisted Suicide Essay If you’re suffering from excruciating pain and there’s no hope you will recover and doctors are keeping you alive for as long as you can take for no reason, would you want them to pull the plug? Assisted suicide is mostly legal in 16 countries. In the U.S. assisted suicide is legal in Washington, Oregon, Vermont and Montana does not specifically address physician-assisted suicide but have no laws against it and physicians who practice it are shielded from prosecution. Assisted suicide is a controversy because too many people it’s against their religion. Assisted suicide is considered to be inhumane to some people because some people say that animals are put down, not human beings. Also some believe that some people might take advantage of assisted suicide. It’s a choice that some people might want to take if they’re suffering. Most of the people that are against assisted suicide say it’s because it’s against their religion. Others believe it is inhumane and say it violates a fundamental tenet of medicine by contradicting the doctors role as a healer to end a person’s life (murder) even if they are suffering. Assisted suicide should be legal everywhere because if you do not believe in it then you don’t have to choose that option, but people that believe in it should be able to choose. Many physicians believe assisted suicide should be legal and terminally ill patients should have the choice to end their suffering. If you have the right to live, shouldnt you have the right to die? If you have the right to live, shouldnt you have the right to die? When such people ask for assistance in exercising their right to die, their wishes should be respected† This quote from Claire Andre (page 1) is stating that someone who is asking to end their suffering from a terminal illness/disease that their wish should be honored and respected. Claire is trying to prove that assisted suicide should be respected if one has the desires to end their  life but only from a terminally illness/disease. She is stating that it’s actually inhumane to keep someone alive as long as possible through medical treatment. If the doctors know that a patient wont recover they should be able to ask the patient if they want the option of getting a high dose of medicine that will end their s uffering. Most people who are against assisted suicide have no reason besides that it’s against their religion because it’s technically suicide. Others say that it’s inhumane and it’s technically murder because you’re taking someone’s life. Also some people think that some people that are having family issues or people who are in debt might try to take advantage of assisted suicide. Dr. Ann McPherson, a 64-year-old GP from Oxford, has been diagnosed with breast cancer. After 14 years of being diagnosed she now has terminal pancreatic cancer and secondary cancer in her lungs. She is only taking her morphine and she does not receive cancer treatment anymore. Assisted dying is something I have considered. I have no idea if I want it, that depends on how my dying goes. But I want it to be there. I feel very strongly that palliative care should include assisted dying, I call it assisted dying, not assisted suicide, because suicide has connotations of someth ing bad, running away. I think the law is inhuman as it stands and I think the  ­public is ahead of the lawmakers on this. (Page 1) she believes that making it illegal to have a physician end ones suffering is inhumane and should be reconsidered. Also no one would be able to take advantage of assisted suicide because there are protocols and you have to be terminally ill. To those who believe that assisted suicide technically suicide and against their religion are wrong. How can it be inhumane if it’s their choice to end their own suffering? If God loved you he wouldnt want you to suffer through terminally illnesses/ diseases he would want you to be able to end your suffering. Dr. Ann McPherson calls it assisted dying because she believes that suicide is just as excuse to end your problems or run away. Maybe some people are just against assisted suicide because of the name and havent looked into it. Maybe if they used the name Euthanasia or Assisted dying more often people might look at it different. Dr. Ann McPherson also has a husband, children, and grandchildren. She states that she wants her family to be there for her and she said I dont want to go to  Zurich, to some anonymous facility; I would want to do it in my own bed. I have a husband, three children and five grandchildren and I would like them to be there if that is the route I go down, though I dont want them to be directly involved. A professional should be able to do that. (Page 2). She doesnt want her family to take part in her death but if she was able to choose that path she would want her family to be there. Also if someone asked a physician to help them assist suicide and they were not terminally ill but they had life problems, they should and would be turned away. Assisted suicide is a way out of suffering from illness and diseases not life issues. There have been only 5 countries to fully legalize assisted suicide and only 3 states (soon to be 4) in the United States. The other 11 countries have no law against suicide/ assisted suicide. Assisted suicide is starting to appear in many court cases around the world and is starting to be considered worldwide. Some countries have no laws about assisting a suicide or suicide itself but do have laws like failure to assist a person in danger, an assisted with manslaughter, accessory to murder, and even murder is brought up in cases that involves someone assisting someone in suicide. While Oregon, Washington State, Vermont and Montana permit physician-assisted suicide, Montanas Supreme Court determined that assisted suicide is a medical treatment. We find no indication in Montana laws that physician aid in dying provided to terminally ill, mentally competent adult patients is against public policy and therefore, the physician who assists is shielded from criminal liability by the patien t’s consent.†(Page 1) The Montana Supreme Court states that physicians may assist patients in ending their lives with a high dosage of legal drugs. The states living-will law provides the basis for the practice said by the Montana Supreme Court (page 1). Belgium, the Netherlands, Luxembourg, Switzerland, Germany, and the United States (Washington, Oregon, Vermont, and Montana) have legalized assisted suicide. More countries are starting to move toward legalizing assisted suicide/ euthanasia. In 1997 Colombias Supreme Court ruled that penalties/ criminal offenses for mercy killing should be removed. They havent legalized assisted suicide but are leading towards it. In the United Kingdom a man named Martin who is 46 years old suffered from a brainstem stroke. He is completely paralyzed everywhere except for his eyelids. He has a computer in which he stares at 24/7, that recognizes one letter at a time as Martin blinks and stares at it. He uses his eyes to spell out his desires, frustrations and anger on his computer. He wants to go to court for an assurance that any professional person/ physician who helps him to die/pull the plug will not be prosecuted. The doctors said that he could live for years in his state and even his wife is trying to help him fight for the right to die. He describes his life as S-H-I-T and he just wants to die (page 1). The United Kingdom’s laws are suicide is not a crime but assisting a suicide is. Martin is fighting for his right to die and the United Kingdom is debating it. This shows that more and more countries are starting to consider legalizing assisted suicide and they are realizing that in some situation s it should be allowed. Assisted suicide should be legalized, allowed, and accepted everywhere .More and more countries are legalizing assisted suicide every year. There should be a choice for someone who is terminally ill and suffering to end their life without anyone being prosecuted. If you dont believe in assisted suicide then you dont have to choose that option. A person who is suffering from a terminal illness/disease should have the right to die, no doubt. If you believe its inhumane to end ones suffering how is it not inhumane to keep someone who is suffering alive by a machine keeping them alive. If suicide is against your religion then you dont have to choose assisted suicide, but would God really want you to suffer, no. Also if the name â€Å"assisted suicide is the reason youre against it, call it euthanasia. If you believe that it violates a fundamental tenet of medicine by contradicting the doctors role as a healer to end a person’s life (murder) even if they are suffering, you are mos t definitely wrong. It’s inhumane to keep someone alive who is suffering and have asked you to end their suffering by using an overdose of medicine to make their passing painless and quick. If you have the right to live, shouldnt you have the right to die? The answer is yes because why/how can it be a crime to commit suicide or assist suicide by a physician? How can you possibly be punished and also why should a Judge be able decide whether you live or not? Assisted suicide  should be legal and not have to have a Judge decide your life. Some people might say its technically suicide and some people might say its technically murder. How on earth is it either of those? First off you are just trying to end your suffering if you choose assisted suicide and a physician assisting a patients suicide/death isnt (should not be considered) murder. The physician is just helping them ease away their suffering. All around the world countries are debating whether or not to legalize assisted suicide. More coun tries every year are legalizing it and already 4 states of the United States have approved it. In some countries if you assist a suicide you could be charged from failure to assist someone in danger to murder. Most people who have been charged with assisting a suicide were let off. The charges were acquitted but not after fighting them in court. Learning more about assisted suicide and suicide in general would give more people more knowledge about assisted suicide and why it should be legalized. Most people were taught very young that killing yourself/someone is very bad so every time the topic about assisted suicide by physician comes up they say it’s wrong to kill yourself and it’s wrong to kill someone. They do not have the slightest clue that assisted suicide is helping suffering people and their families watch them suffer. It would bring peace to the person who is suffering and to their family to know that their suffering has ended. So shouldnt we have the right to die, if we also have the right to live? If you are suffering from a terminally illness/disease or terrible accident where you can no longer eat, clean, use the bathroom, change clothes, and even adjust yoursel f wouldnt you want the option of assisted suicide.

Personal Experience Of Interprofessional Working

Personal Experience Of Interprofessional Working In order for an individual to receive holistic, high quality health and social care services, effective communication and multi disciplinary working between professionals is imperative (Ashcroft et al, 2005). I will discuss my personal experience of interprofessional working, both in regards to the conference and the on line group work undertaken. I will also explore how the module relates to my own experiences in practice, drawing on literature and policy of both a political, professional and social nature. The team of which I was a member consisted of students studying adult nursing and medicine. I was the only group member studying social work which initially did create a barrier in respect of the perception held by the other group members of what a social work practitioners role is. It was clear, following initial introductions, that some group members held a stereotypical view of social workers and were very dismissive of the work carried out by practitioners. It is essential, when working interprofessionaly that practitioners are mindful of the various methods employed by associated health and social care professionals and vital, therefore, that practitioners become aware of their own possible prejudices, through reflection on their practice. This reflective process assists to ensure potential negative stereotyping does not hinder the outcome of the work carried out by the team and have a detrimental effect on the care provided to the service user ( Fook, 2002). Through discussion it transpired that much of this stereotypical view had been constructed through the influence of the medias portrayal of social workers. During the conference group members cited television documentaries in which social workers failings were highlighted. Lombard ( 2009) argues that this type of media attention is damaging not just to social work but to all allied health and social care staff, attributing it to a possible lack of comprehension of the profession. Earlier this year a national advertising campaign was introduced. This aimed to draw attention to the role social workers play in safeguarding children and adults and to achieve a more positive, public perception of the profession ( McGregor, 2010). The perceived lower professional position of social workers, held by other health professionals, however, is argued by Barbour (1985) as being a source of high anxiety for students studying on social work courses. However, it became apparent as the conference continued and discussions were held, that as a social work student I had gained experience of a wide range of practice settings and of working interprofessionally in order to achieve the best possible care provision for the service user. These practice experiences enabled me to reflect on both positive and negative factors of working with other professionals and to contribute to the group discussion with examples of interprofessional work in which I had participated. An example of which is regarding a case I care managed whilst working within a hospital social work team. In order to facilitate a safe discharge home for an older person with dementia, input was required from various disciplines. Occupational therapy support was ne cessary to ensure the home environment would still be suitable and assessment from the community psychiatric nurse was also completed in respect of service provision to maintain the emotional and mental well- being of the service user. Ongoing communication between involved professionals was therefore essential, for an effective outcome for the service user to be achieved. This illustrates the highly significant role of interprofessional education for students studying to practice in the health and social care field. Reeves et al (2009) argue that interprofessional education has impacted notably on patient care in, for example, the improved knowledge and expertise of staff providing care to individuals with mental health issues. The discussion of practice experience, I feel, added positively to the group and perhaps began to reduce the preconceptions held by other group members of lack of professional competency executed by social workers (Carpenter Hewstone,1996). Through the process of exchanging opinions, discussions and working as a group, the potential to overcome stereotypical views and facilitate change was engaged in (Mullender Ward, 1991). Being a member of a group can determine a sense of familiarity, group members may have experiences in common and this sharing of situations can act as a supportive, cathartic procedure ( Johnson Johnson, 1994). A fundamental element of effective interprofessional partnership, therefore, is trust. If facilitation and engagement in open debate and sharing of ideas between professionals is to occur, this must be apparent ( Cook et al, 2001). The example of interprofessional working in respect of facilitating a safe discharge home from hospital, also raised further discussion regarding the role of input from the service user and their carers. They should be seen as part of the group, not externally from it and involved fully in the decision making process. This was challenged by one of the group members studying medicine, who felt that the responsibility to make decisions about care provision should be held solely by the professionals involved. Payne (2000) argues, however, that a focus on the interactions between the professionals can undermine the participation of the people who use the services. Involvement of service users, family and carers and recognition of their role as being experts by experience, may begin to create equality of power between professionals and the individuals they are supporting ( Domenelli,1996). We explored this further through discussion within the group and I felt concerned by some of the group members attitudes towards the notion of making a decision as professionals, whilst excluding the service user from this process. This is an oppressive way to practice and the empowerment of individuals through maximization of control and choice, should be striven towards in all provision of health and social care services ( Banks, 2006). Respect for the individual choices and interests of the service user should always be paramount throughout provision of health and social care and the assessment process, as detailed in the National Occupational Standards for social work (2009). Ongoing communication has been actively engaged in during my personal practice experience. However, throughout the module there was very little online participation from the team via blackboard. This was disappointing, as through the proactive exchange of ideas from the varying professionals perspectives, a more cohesive and beneficial learning experience may have been achieved. Indeed, the centre for the advancement of interprofessional education (1997) has documented that there are significant benefits in students from varied fields, learning together. In contrast to the team work which took place at the conference, my experience of working alongside allied health and social care professionals in practice has been extremely positive. An example of which is in my previous employment within an adult care community team in which I attended weekly meetings with the district nursing team and local G.Ps. enabling effective sharing of information to take place. This communication enabled all involved professionals to gain knowledge of changes in service users health and care needs and provided a forum for any concerns regarding safeguarding issues, to be shared and explored further. Within the conference team, therefore, further discussion and exploration of the differing views regarding this topic was carried out. The conclusion of which was the establishment of one of the teams sentences as be open minded and willing to accommodate other professionals values, within a team working environment. The ideologies of interprofessional working are not always apparent in practice however, resulting in catastrophic failings in care. Victoria Climbie died after suffering serious abuse whilst under the care of the NHS and social services. Lord Laming (2003) reported a lack of sharing of information between professionals and argued that when practitioners did raise child protection concerns, there was a lack of feedback and little or no further communication between agencies. The death of Baby Peter Connelly also sadly highlights concerns regarding how professionals work together. The serious case review reports that at a significant case conference held regarding Baby Peter, there was poor attendance from professionals, with neither doctors, police or lawyers turning up ( Laming, 2009). This illustrates that even after the reported failings in communication between professionals in the Victoria Climbie case, interprofessional working does not always appear to be fully engaged in. (Word count 1368) Section 2 Discuss how you would take what you have learnt about Interprofessional working into practice. Attendance at the conference provided an opportunity to explore the process of working effectively with other professionals. In practice, the active joint working between health and social care professionals and the voluntary sector has become increasingly important with the introduction of the personalisation agenda, as detailed in the social policy Putting people first: a shared vision and commitment to the transformation of adult social care (2007). The personalisation of social care services enables service users to take increased control of their own support packages and provides a high level of empowerment. I will discuss this further in relation to interprofessional working and its application in practice. Service users are now provided with the option to choose from which provider their care is sourced ie, from the private, pubic or voluntary sector. In 2004 the strategic concurrence between the NHS, Department of health and the voluntary sector of making partnership work for patients, carers and service users (2004) was formed, which indicated a dedication to interprofessional working and a fully person centered approach to practice. However, the change in government this year and recent significant cuts in funding to the welfare state proposed by the coalition government may impact significantly on the initial goals set out in this policy ( Dunning, 2010).Significant changes in how funding is allocated impacts greatly on social care practice. On qualification as a social worker I will endeavor to carry out effective interprofessional practice, however with increasing reductions in front line staff and higher caseloads it raises concerns regarding how achievable this will be. My own experiences of working within an adult care management team have been of positive interprofessional working. I have attributed this to the comprehensive, ongoing sharing of information between social work practitioners and community nursing teams, which took place. The desire to strive towards a common goal and achieve the best possible care for the service users, provided an effectual construct for professionals to practice within. The recognition of individual differences regarding ethnicity, culture and relationships by all involved professionals enabled truly anti-oppressive practice to take place (Dominelli 2002). However, during the conference, team members voiced concerns regarding how engaging in interprofessional working may cause their specific professional identity to become vulnerable. This has been identified by Frost et al (2005), who postulates that the fusion of professional margins can create apprehension and resentment between practitioners. This discussion was an interesting aspect of my personal learning within the group. As a social work practitioner the opportunity to engage in joint working with other professionals is embraced and is essential to effectual, safe practice. The varied perspectives between group members however, has provided a deeper insight into how other professionals may view this method of working and I will be mindful of this in future practice. Interprofessional working was illustrated further during the conference by a presentation from the Bristol Intermediate care team. The team consists of health professionals working alongside social work practitioners, aiming to reduce hospital admissions, providing a holistic approach to practice and enabling service users to remain in the community and to be cared for at home (Drake Williams, 2010). I feel the cohesive working style of this team, provides the best possible outcome for service users through application of an anti oppressive, person centered approach. This interprofessional method of practice provides for less of a risk adverse approach to practice which can be present in community care teams consisting exclusively of social work practitioners (Roe Beech, 2005). This may be due to the presence of multi disciplinary professional opinions being readily provided, enabling a more holistic view of a situation and perhaps also the fundamental ethos of the team which is to promote independence. The ethic of empowering others to achieve independence however, is a core value of social work and I endeavor to implement this within my own future practice. In order to facilitate change in my practice, I will be conscious of the importance of information sharing with other professionals and engaging in the process of reflection on my previous experiences of working interprofessionally (Payne, 2006). An example which occurred whilst working within an adult care management team is regarding an allocated case concerning a couple, living at home in the community, both of which had multivariate care needs. In this circumstance a wife was providing care for her husband who has dementia, however she has limited mobility and depends on him to support her with some physical tasks. Joint working with other health and social care professionals was imperative in order to safeguard the needs of both service users (Meads Ashcroft et al, 2005). Combined assessments were carried out by myself as a social work practitioner, the district nursing team and community psychiatric nurse, enabling all involved professionals to be aware of each others role and involvement. This method of working was also highly beneficial to the service users in respect of limiting the amount of assessment meetings which took place and avoiding repetition of the same information to several professionals, which can become exhausting and create further anxiety ( Walker Beckett, 2003). I did encounter difficulty in interprofessional working when liaising with the GP regarding a requested review of the couples medication. The GP held the opinion that both service users should be placed in residential care due to their age and health problems and was reluctant to engage in any discussion regarding alternative options. Through joint working between other professionals however, funding for a live in carer was secured to support the couple, alongside ongoin g support from the community matron to ensure both health and community care assessed needs continued to be met fully and safely, in accordance with the NHS and Community Care Act (1990). On reflection this was a challenging experience and I felt frustrated by the apparent disregard of the wishes of the service users and the discriminative attitude exhibited in respect of their age, by the GP. The reluctance to engage further with any of the involved professionals following a case conference in which the GPs opinion had been challenged by myself and others working on the case, highlighted to me the hierarchy which is still in place within health and social care professions. Monlyneux (2001) argues that professionals who are assured in their professional role, are able to explore disparities in opinions and practice outside their own professions margin without feeling vulnerable. The importance, therefore, of maintaining focus on the service users wishes rather than difficulties in communication between professionals, ensuring their needs are met fully, is paramount. However, this incident demonstrates the difficulties which can occur when working within a team and the need for respect and equality for all members, in order to ensure effective interprofessional working takes place (Conyne, 1999). The discussions held amongst the team during the conference have highlighted further to me the disparity between perspectives held by health professionals, who apply the medical model of practice and social work practitioners implementing the social model. As argued by Petch (2002), in order to respond fully and positively the uniqueness of the individuals needs should be identified. Through this process, empowerment and equality can begin to be accomplished. Both perspectives, therefore, are valuable when striving towards holistic health and social care provision. These are issues I will be mindful of in my future practice and I will endeavor to continue to practice with integrity and in an anti-oppressive way in order to implement person centered care provision. To conclude, as a result of my practice experience and learning achieved from the conference, I feel strongly that a critical part of my future role as a qualified social worker is to facilitate the sharing of information between professionals. When appropriate, to advocate the service users individual wishes and to ensure all professionals are aware of these shared common goals. I feel this will contribute significantly to achieving the highest level of care for the service user and aims to support the safeguarding of both adults and children. (Word count 1338 ) Section 3. References Ashcroft, J. Meads, G. With, Barr, H. Scott, R. Wild, A. (2005) The case for Interprofessional collaboration: In health and social care. Oxford, Blackwell Publishing. Banks, S. (2006) Ethics and values in social work. Basingstoke, Palgrave Macmillen. Barbour, R.S. (1985) Dealing with the transsituational demands of professional socialisation. Sociological Review 3: 495 531. Carpenter, J. Hewstone, M. (1996) Shared learning for doctors and social workers: evaluation of a programme, British Journal of Social Work 26: 239- 57. Centre for the advancement of interprofessional education (1997) Interprofessional education: A definition. London, CAIPE. Conyne, R, K. (1999) Failures in group work: How we can learn from our mistakes. London, Sage Publications Ltd. Cook, G, Gerrish. K, Clarke, C. (2001) Decision making in teams: issues arising from two evaluations. Journal of Interprofessional Care 15: 141 51. Dominelli, L. ( 1996) Deprofessionalising social work: Equal opportunities, competences and postmodernism. British Journal of Social Work 26 : 153- 75. Dominelli, L. (2002) Anti-oppressive social work theory and practice. Basingstoke, Palgrave Macmillen. Drake, S. Williams. V. The Intermediate care team: Interprofessional working seminar 7th October 2010. UWE Bristol, IPE Level 2 Conference. Dunning, J. (2010) Claim of extra  £2bn for social care challenged as cuts loom. Community care ( Magazine) 28 October 2010, p.5. Fook, J. (2002) Social work critical theory and practice. London, Routledge. Frost, N. Robinson, M. Anning, A.(2005) Social workers in multidisciplinary teams: issues and dilemmas for professional practice . Child and family social work 10: 187 96. Johnson, D.W. Johnson, F.P. (1994) Joining together: Group theory and group skills (5th edn), Boston, Allyn Bacon. Laming, Lord (2003) The Victoria Climbie Inquiry: report of an inquiry by Lord Laming. London, The Stationary Office. Available from: http://www.Victoria-Climbie-inquiry.org.uk/ (Accessed 29 October 2010). Laming, Lord ( 2009). Peter Connelly Serious case review. Available from: http://www.haringey/scb_org/executive_summary-peter-final.pdf (Accessed 17 November 2010). Lombard, D. (2009) Negative coverage often fails to give right of reply. Community care (Magazine) 12 May 2009, p.21. Making partnership work for patients, carers and service users: A strategic agreement between the Department of Health, the NHS and the community and voluntary sector (2004). Available from: http://www.dhgov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4089516.pdf (Accessed 28 October 2010). McGregor, K. (2010) Unison campaigns to boost appreciation of social workers. Available from: http://www.communitycare.co.uk/articles/2010/03/15/114049/unison-campaigns-to-boost-appreciation-of-social-workers.htm (Accessed 04 November 2010). Meads, G. Ashcroft, J. With, Barr, H, Scott, R. Wild, A. ( 2005) The case for interprofessional collaboration in health and social care. Oxford, Blackwell Publishing. Molyneux, J. (2001) Interprofessional teamworking: what makes teams work well? Journal of Interprofessional care 15: 29 35. Mullender, A. Ward, D. (1991) Self directed groupwork: Users take action for empowerment, London, Whiting Birch. NHS Community Care Act ( 1990). Available from: http://www.legislation.gov.uk/ukpga/1990/19/contents (Accessed 16 November 2010). Payne, M. (2000) Teamwork in multiprofessional care, Basingstoke, Palgrave Macmillen. Payne, M. (2006) What is professional social work? Bristol, The Policy Press. Petch, A. (2002) Intermediate care: What do we know about older peoples experiences? Available from: http://www.jrf.org.uk/sites/files/jrf/18593513/x.pdf (Accessed 14 November 2010). Putting people first: A shared vision and commitment to the transformation of adult social care (2007). Available from: http://www.dh.gov.uk/prod_consum_dh/groups/dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_081119.pdf (Accessed 01 November 2010). Reeves, S. Zwarenstein, M. Goldman, J. Barr, H. Hammick, M. Koppel, I. (2009) Interprofesisonal education: effects on professional practice and health care outcomes. The Cochrane Collaboration, Wiley Sons. Roe, B. Beech, R. (2005) Intermediate and continuing care: Policy and practice. Oxford, Blackwell Publishing Ltd. Skills for care ( 2009) National occupational standards for social work. Available from: http://www.skillsforcare.org/developing_skills/national_occupational_standards/National_occupational_standards_(NOS)_Health_and_social_care.asp (Accessed 01 November 2010). Walker, S. Beckett, C. (2003) Social work assessment and intervention, Lyme Regis, Russell House Publishing. Section 4.

Procedural Fairness in Unfair Dismissal

Procedural Fairness in Unfair Dismissal Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004: A report - In October 2004 the government introduced a statutory minimum disciplinary and grievance procedure dealing with disputes in the workplace. These procedures and related rules are set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004 and state that employers must follow a minimum dismissal and disciplinary procedure in the workplace or otherwise dismissal will be automatically unfair. When bringing a claim at the Employment Tribunal for unfair dismissal, employees are also entitled to additional compensation if these disciplinary and dismissal procedures are not adhered to. Although the aim of the Regulations was to encourage informal resolution of disputes, many employers felt that they were too complicated and did not achieve the desired aim. Gibbons (2007 pg.24)[1] sums up this view, ‘The procedures are seen as a prelude to employment tribunals, rather than a way of resolving problems in the workplace’ The Employment Bill 2007 therefore recommends a repeal of the Regulations for what is hoped will be a more straightforward regime likely to come into force in April 2009. The Regulations A standard dismissal procedure as per the Regulations involves the following three steps. The first is a letter which must be sent to the employee setting out the reason for dismissal and inviting them to a meeting at a convenient time and place. The employee must be given time in which to consider the letter and then has a duty having done so to take all reasonable steps to attend the meeting. The second step involves the actual meeting which has to be conducted in a manner which enables both employer and the employee to explain their case. After the meeting the employee must be notified of the decision and provided a right of appeal. The third step would be the appeal process and if the employee wishes to appeal, they must inform the employer who will then invite them to an appeal meeting. The onus is on the employee to take all reasonable steps to attend this appeal meeting and as far as is practicable a more senior manager from the organisation should attend the appeal meeting. The appeal meeting must be conducted in the manner in which enables both the employer and the employee to explain their case. After the meeting the employee must be notified of the final decision. During every meeting in the process, the employee has a right to be accompanied by a work colleague or a trade union official. This companion may address the hearing, confer with the employee during the hearing and may also sum up the employees case but must not answer questions on behalf of the employee. In the case of a grievance against an employer the same steps must be followed with the letter sent from employee to employer stating the nature of the grievance and asking for a meeting to be held. Where the employee has already left employment the Regulations provide for a modified procedure that does not require the Step 2 meeting. The problems created by the Regulations When the Regulations came into force on the 1st October 2004 the government resolved to revisit them after two years. The Department of Trade and Industry confirmed this in its Success at Work Report (2007 pg. 8)[2] ‘This is a key part of DTI’s work to simplify regulation, by removing compliance costs and complexity, and addressing irritants for business and others affected by employment law, while ensuring that employee rights are protected.’ The government then commissioned an independent report on the 12th December 2006 written by Michael Gibbons who was asked to assess all employment dispute resolution procedures including suggestions for adapting the Regulations if he found them not to be fit for purpose. He interviewed over 60 employers, employees and intermediaries involved in dispute resolution. Gibbons in his report entitled Better Dispute Resolution (2007 pg.5) states[3], ‘In conducting the Review I was struck by the overwhelming consensus that the intentions of the 2004 Regulations were sound and that there had been a genuine attempt to keep them simple, and yet †¦as formal legislation they have failed to produce the desired policy outcome. This is perhaps a classic case of good policy, but inappropriately inflexible and prescriptive regulation.’ It became apparent that the regulations did not state clearly what a written grievance was or what it was to contain. With no specific guidance on this, parties called for procedural hearings at the ET to establish whether the claimant actually put their grievance in writing and whether all of the claims that were found in their Claim Form had previously been evidenced in the grievance letter. The respondents were claiming that this was not the case and therefore there was no case to answer. Therefore although the procedures were clear as to the steps to follow in bringing a dispute insufficient guidance was given about each stage leaving Tribunals with an increase in the number and length of proceedings. Gibbons explains the difficulty with identifying what constitutes a grievance letter (2007 pg.8), ‘†¦comments in resignation letters and in 360-degree feedback forms have been held to meet the requirements, so some employers feel it is necessary to check closely and investigate any written communication that might be construed as a grievance’ Although the intention of the regulations was for early informal resolution of disputes, the drafting of the Step 1 letter and consequent meetings in practice escalate many issues taking up management time and proving stressful for employees. Also the three step process as outlined above was not always adequate in all circumstances. Small businesses in particular have complained about the formal, ‘one size fits all’ approach of the regulations. Gibbons explains (2007 pg. 8), ‘†¦the appeal stage is an unnecessary burden, especially for small businesses. The appeal will often be to the same person who made the original decision. It can also be difficult in cases where employees have left the workplace. One business felt it necessary to follow the three-step procedures for each of their Christmas temporary staff before they left – a process which added no value.’ The main thrust of the opposition to the current regime is that it has created an unhealthy overlap between the resolution of disputes and the litigation procedure which should as far as possible be kept separate. For example the regulations stipulate that before a claim is lodged at the Employment Tribunal (ET) a grievance letter must be sent to the employer within three months of the alleged dismissal or conduct. Any breach of the procedure would allow the Tribunal to grant up to 50% increase if the fault was that of the employer or 50% reduction in the award depending on whether the fault was that of the employee. Of course apart from the fact that it is not always easy to ascertain whose fault led to a breach of procedure such stipulations and penalties mean that litigation has to be considered at an early stage when resolution of the dispute should be paramount. Gibbon states (2007 pg.25), ‘Both large and small businesses have reported that the number of formal disputes has risen. The Review has heard that 30 to 40% increases have been typical in the retail sector.’ Further complications arise where there are multiple claims for example in an equal pay case and the three step process has to be repeated many times creating an unnecessary administrative burden. The same burden is also felt where and employer seeks to follow the disciplinary steps and at the same time the employee also seeks to pursue a grievance. ‘It is not always clear how the two strands of the Regulations should operate in such circumstances, and employers can feel compelled to hold excessive numbers of meetings and write excessive numbers of formal letters to be sure of fulfilling the procedural requirements’[4] The proposed reforms As a result of the Gibbons Review, the Government held a consultation and the responses received formed the basis of the present reform proposals published in the Employment Bill 2007 which has received royal assent and is now the Employment Act 2008. The first major reform is for the Regulations to be repealed in their entirety in April 2009 and replaced with a revised ACAS Code of Practice (the Code) which has been agreed in draft form. There will also be non statutory guidance also provided by ACAS. ACAS stands for the Advisory Conciliation and Arbitration Service and currently offers employees an arbitration service as an alternative to resorting to proceedings. Also it has always provided a Code for resolving disputes but it is only now being adapted and incorporated into statute. In actual fact the revised ACAS code provides for the same three step procedure but does not incorporate the same penalties and conditions as the Regulations. There have also been some additional requirements which seem to lean towards ensuring that employees behave ‘reasonably’. The draft Code is designed to provide basic practical guidance for disciplinary and grievance procedures but is limited as it will not apply to dismissals as a result of redundancy[5] or expiration of a fixed term contract.The Code describes the remit it covers[6], ‘Disciplinary situations include misconduct and/or poor performanceGrievances are concerns, problems or complaints that employees raise with their Employers’ It suggests in the Foreword of the Code[7] that employers and employees should try to resolve disputes between them. However if they cannot, they should seek the help of an independent third party inside or outside the organisation. The Code provides that where the Employment Tribunal must ascertain compliance with the Code it will do this on a case by case basis taking into account the size and resources of the employer. Therefore unlike the Regulations there is no expectation that all business will comply with every provision in the Code providing greater flexibility for employers. In relation to disciplinary procedures the first step is to establish the facts of each case by collating evidence and holding an investigatory meeting if necessary. The Code then states[8], ‘If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting’ New provisions provide for evidence collated including witness statements to be provided by the employer with the letter requesting a disciplinary meeting. Also an employee may call their own witnesses. The statutory right to be accompanied to this meeting still stands however the Code’s emphasis on ‘reasonableness’ is evidenced where it states[9], ‘However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would not prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.’ The dispute Regulations had provided that on appeal the employer only had to make one attempt to reconvene the meeting however under the Code the employer has to show that the employee has persistently been unable or unwilling to attend before a decision can be made in their absence.[10] If the employee decides to appeal, grounds of appeal in writing must be submitted to the employer.[11] This requirement was not found in the Regulations and the idea behind it is to ensure that further time is not spent discussing issues that have already been covered in the first meeting. In a case of a grievance for example instead of the emphasis on a Step 1 grievance letter, the revised Code states[12], ‘If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay’ The employee should inform the employer of the grievance preferably in writing and the letter should be addressed to the line manager. Unlike the Regulations, a claim would not be barred in absence of a grievance letter although a failure to send this letter would be a breach of the Code and may lead to a reduction in the award. The Code states that a meeting must be heard pursuant to the letter and that the employee must have the right to be accompanied by a colleague or trade union official. As with the disciplinary procedure, the requirement here is that the right to be accompanied is reasonable. During the meeting the employer can ask for an adjournment in order to carry out an investigation. There is also a right of appeal and subsequently the employee can decide to take the matter further and pursue the case in the Employment Tribunal. The new regime will not hold a dismissal to be automatically unfair if there has been a breach in procedure. Employment Tribunals will have to decide cases on what is fair and reasonable and will have discretionary powers to adjust awards of up to 25% if either employer or employee has not followed the ACAS code. In relation to this provision the government report Resolving Disputes in the Workplace Consultation (May 2008 pg.16) it states, ‘This will be a power rather than a duty in order to allow the employment tribunals discretion to apply it in the interests of justice and equity’ It is hoped that these reforms will give a higher level of flexibility in resolving work place disputes and various businesses can tailor the new regime to their specific needs. The Government has also agreed as part of the reform to invest  £37M into the ACAS helpline system in order to provide early mediation for workplace disputes that would otherwise result in tribunal claims. Resolving Disputes in the Workplace Consultation (May 2008 pg.16)[13] states, ‘The government considers the way forward should be a short non prescriptive Statutory Code setting out the principles of what and employer and employee must do supported by fuller statutory guidance’ The idea is that the new statutory code will provide guidance for employment tribunals and the non statutory guidance will be used by employers and employees. Where a grievance arises during a disciplinary process, the disciplinary may be suspended or both can be dealt with concurrently if related. The Code does not cover collective grievances which must be dealt with under the agreed collective grievances procedures agreed with trade unions. The likely effect of these reforms on employers and employees It is unlikely that the Code will have a major change on the dispute resolution process in the work place. The code incorporates the same three steps that were found in the Regulations. There is still a penalty of an increase or decrease in the award up to 25% depending on whether the employer or employee is at fault. Because the employee is likely to suffer a reduction in compensation of up to 25 % the pressure to ensure a grievance letter is sent still remains. Although unlike the Regulations, the claim is not barred due to failure to lodge a grievance, the number of grievances brought by employees is not likely to be reduced for so long as there remains a penalty, albeit the employee at the grievance stage may not have considered litigation. So arguably there may not necessarily be reduction of time spent on hearing and processing grievances in the workplace. Also with the repeal of the Regulations there is no automatically unfair dismissal because of non compliance. Many have argued that this places fewer restrictions on unscrupulous employers therefore increasing the likelihood of litigation. There would need to be clear communication by the government and business to their employees as to how the new regime will work and arrangements need to be put in place for the transition between the old and new procedures. As far as practical points flowing from the provisions of the ACAS Code, the following would ensure that employers are taking the right steps to ensure compliance although there still remains areas of uncertainty that will only be made clear once the Code is put into practice. Mediation training should be provided for Human Resources staff to act as internal mediators and consider compiling a list of good mediators outside the organisation. In the Introduction of the Code, it states that employees should be involved where appropriate in the development of rules and procedures so to this end it would be prudent if employers hold consultation meetings with employees and their Trade Union Representatives during the transition period between the Regulations and the Code. Guidelines should be provided as to how to provide a ‘reasonable opportunity’ to call witnesses (Clause 12) and establish in policy that that the right to be accompanied is subject to considerations as to reasonableness (Clause 15). These issues are clearly subjective and would vary on a case by case basis and are therefore likely to prove controversial or even problematic Guidelines should be drafted as to when and under what circumstances the employee has shown inability or unwillingness to attend a disciplinary meeting without good cause. Different people should oversee the investigatory and later the disciplinary process. In order to facilitate early resolution of disputes as well as implementing the Code the government also intends for ACAS to provide a helpline where simple disputes can be dealt with over the phone or by internet. This extends the existing right to mitigation that parties must be notified of in any dispute. However the issue is ensuring that ACS has the necessary funds and staff to successfully fulfil this role. Staff must be well trained in providing employment advice and negotiating settlement between parties. Another proposal is that the Employment Tribunal Application process should happen via the helpline giving claimants access to advice on their claim and alternatives to litigation. Not all involved in the dispute resolution process favour these reforms. In the government report Resolving Disputes in the Workplace Consultation[14] it states ‘Opponents of repeal included a number of Trade Unions, representatives of vulnerable workers and individuals. Many cited the benefits of having a standard required procedure in all workplaces which operated to the benefit of workers in all types of organisations and encouraged good practice.’ From the point of view of an employee, the fear is that the new regime and its emphasis on ‘reasonableness’ leaves too much to the discretion of the employer. This coupled with the removal of the automatically unfair provision has left the issue of unfairness to the Employment Tribunal who will access the situation based on many factors other than breaches in the code including the size and resources of the employer. There is therefore an element of uncertainty in the new provisions certainly for the employee but for the employer as well. In the Legal Action Group’s response to the government consultation (June 2007) it states,[15] ‘Repeal of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the ‘regulations’), will not improve the poor position of the many, low paid, non-unionised, workers in the labour market. The government should act to protect the most vulnerable by encouraging trade union organisation and by other legislative measures.’ The concern of the Group is that the government’s emphasis on mediation could lead to vulnerable employees losing their right to a formal hearing to resolve disputes. In order for alternatives to litigation to be properly considered good quality advice needs to be available to all however only a third of the working population are trade union members. A lack of access to legal aid will mean that non members will not have proper recourse to legal advice. It seems unlikely that the ACAS helpline proposal will cater for all workplace disputes. The Code has also been seen as unfair towards employees as it does not take into account that in reality there is rarely a balance of power between employer and employee. Employers have more resources and employees tend to already feel intimidated when bringing a grievance. A simple dispute could still have as its underlying cause a long term abusive policy against workers which of course cannot be resolved through a telephone conversation with an ACAS mediator. Indeed there are many categories of workers including the elderly and disabled or those with language difficulties who would need face to face advice. The LAG report states,[16] ‘We have to question whether the DTI is taking an even-handed approach to the resolution of work-related disputes or whether it has bowed to pressure from the powerful employers lobby.’ The overall view therefore of those acting for employees is that although the Regulations were unnecessarily complex they could have been simplified without being repealed as they provided minimum protection for all workers, whether or not they were trade union members. The principal reason for issuing the Regulations was because it was found that many employers did not have any procedures in place for resolving dispute and a repeal of the regulations could mean a return to this situation. There are also potential problems with the right of employees to bring claims being infringed where it is proposed that the Tribunal application system should also be processed through the ACAS helpline. LAG notes[17], ‘It would be inappropriate for a service point that had an aim of providing advice and guidance to also act in a ‘gatekeeping’ role for potential ET claims. Combined with the suggestion that the new advice service should be able to over-ride or contradict the advice given by a representative11, this would damage any integrity generated for such a service.’ Conclusion Clearly the repeal of the Dispute Resolution Regulations 2004 and the implementation of the ACAS Code due to take effect in April 2009 is not without its difficulties. The Government’s aim is to reduce the amount of claims being taken to the Tribunal although it recognises that dispute resolution is in itself only one strand. The other is revising the law in relation to unfair dismissal and making the Tribunal processes itself more efficient. The Code is similar to the Regulations in that it mirrors a three step process. However the onus is often put on the employer to determine what is reasonable which has the effect of the Tribunal later claiming breach of the regulations or the employee claiming that their rights have been infringed. The employer therefore has a burden to act reasonably and the vagueness of this term although creates more flexibility to employers will produce greater uncertainty. Only time will tell whether the Code will in fact encourage a ‘conflict resolution culture’ and reduce the administrative burden on employers as its drafters intended. BIBLIOGRAPHY ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance (Nov 2008) http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf DTI-Success at work resolving disputes in the workplace: A consultation- (March 2007) DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group (2007) Is it the end of the road for Statutory Minimum Dispute resolution Procedures Nick Hine May 2008)http://www.tcii.co.uk/images/upload/guest_article_pdfs/11ganick_hine2ddpdf_2173.pdf United Kingdom: New Acas Code Of Practice on Disciplinary And Grievances Article by Val Dougan Dundas and Wilson Solicitors 28 November 2008 www.personneltoday.com 1 [1] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons (March 2007)-http://www.berr.gov.uk/files/file38516.pdf [2] DTI-Success at work resolving disputes in the workplace: A consultation- March 2007 [3] DTI-Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain- Michael Gibbons )March 2007)http://www.berr.gov.uk/files/file38516.pdf [4] Gibbons Review pg. 27 [5] Employers must consult the ACAS book on redundancy handling [6] ACAS: Draft for Consultation: Draft Code of Practice on Discipline and Grievance http://www.acas.org.uk/CHttpHandler.ashx?id=961p=0 [7] The Foreword of the Code is not legally binding but constitutes best practice [8] Clause 9, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [9]Clause 15, ACAS: Draft Code of Practice on Discipline and Grievance 2008 [10] Clause 24 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [11] Clause 25 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [12] Clause 32 ACAS: Draft Code of Practice on Discipline and Grievance 2008 [13] BERR -Resolving Disputes in the Workplace Consultation Government Response (May 2008) [14] BERR Resolving Disputes in the Workplace Consultation Government Response May 2008 [15] DTI-Success at work resolving disputes in the workplace: A consultation- Response of the Legal Action Group [16] LAG Report Pg.2 [17] LAG Report pg.5