The Tuskegee Syphilis Study Is Still Alive - 1269 Words

The Tuskegee Syphilis Study is Still Alive Cells that live and multiply forever were harvested and cultured from a black woman named Henrietta Lacks. Many people made a profit off of her cells, and she nor her family knew anything about it. â€Å"Black scientists and technicians, many of them women, used cells from a black woman to help save the lives of millions of Americans, most of them white. And they did so on the same campus- and at the very same time- that state officials were conducting the infamous Tuskegee syphilis studies† (Skloot 97). Many citizens are unaware of this dehumanizing act that lasted 40 years; the Tuskegee Syphilis Study has impacted society along with individuals related to the study for over 85 years. The study†¦show more content†¦The men had to consequently suffer and deal with pus filled sores covering their body, including their mouths, just so the scientists could study the lasting effects of untreated syphilis. Suffering from syphilis was not what the men signed up for, and to them, there seemed to be no way out of the suffering. Even research by the Center for Disease Control (CDC), â€Å"Found nothing to show that subjects were ever given the choice of quitting the study.† Even though the men most likely felt trapped, they still had to go on with their everyday lives, which included their healthy significant others. The Tuskegee Syphilis Study did not only affect the participants, it also created a path for families to be unknowingly infected with syphilis. As Yoon revealed, â€Å"Since 1975, the Government†¦ providing lifetime medical benefits to the 22 wives, 17 children, and 2 grandchildren with syphilis they may have contracted as a direct result of the lack of treatment accorded the men in the study.† Because participants were uninformed that they were infected with syphilis, they innately went on with their daily life, which included sexual intercourse. This is how the horrific disease of syphilis was spread to their significant others and children; however, the participants’ and families’ physical health was not the only aspect of their health affected. Through research, YoonShow MoreRelatedTuskegee Syphilis Paper1481 Words   |  6 PagesTuskegee Syphilis Experiment Name University of Phoenix Tuskegee Syphilis Experiment The Tuskegee Syphilis experiment was a 40 years study from 1932 to 1972 in Tuskegee, Alabama. The experiment was conducted on a group of 399 impoverished and illiterate African American sharecroppers. This disease was not; however revealed to them by the US Government. They were told they were going to receive treatment for bad blood. The study proved to be one of the most horrendous studies carriedRead MoreThe Tuskegee Study Of Untreated Syphilis1579 Words   |  7 Pages The Tuskegee Study of Untreated Syphilis in the Negro Male: Research Ethics Tenzin Choeying Lehman College NUR 302 Ways of Knowing Nursing Research Faculty: Dr. Linda Scheetz 10/12/2016 In 1932, US public health service launched most shameful and hideous non-therapeutic experiment on human being in the medical history of the US. The practitioner on the Tuskegee Syphilis Experiment promised free medical care to over hundreds of African American desperately poorRead MoreApa Guidelines Violated in Miss Evers Boys Essay641 Words   |  3 Pagesviolated to the extreme . The movie, which illustrates the Tuskegee Study conducted by a group of southern doctors in 1932, tells the story of a group of African-American men who are being unknowingly studied to see if untreated syphilis reacts the same way in African-Americans that it does in white men. At first, treatment is given to them but once the funds for the study are cut and treatment is no longer made available for 14,000 men, the study goes on without them knowing they have stopped receivingRead MoreThe Tuskegee Syphilis Experiment : A Black Massacre1514 Words   |  7 Pages The Tuskegee Syphilis Experiment: Another Black Massacre Alesha Jones History Significance of Race in America Section 009 Professor Abu Sayeed The Tuskegee Syphilis Experiment was a clinical research study that took place in Macon County, Tuskegee, Alabama. The experiment was coordinated by the United States Public Health Service and carried out for forty years (Jones, 1). The experiment began in 1932 and ended in 1972, causing harm toRead MoreThe Underground Railroad Essay1530 Words   |  7 PagesRailroad. Caesar, a new arrival from Virginia, urges Cora to escape with him and Cora seized this opportunity of freedom. Their plan doesn’t go accordingly when Cora kills a young white boy who tries to capture her. Despite all their troubles, they still head north, but are hunted in the process. Whitehead’s creative conception of the Underground Railroad is actually a network of tracks and trains stops under the lovely Southern Soil. In the novel, The Underground Railroad, Colson Whitehead accuratelyRead MoreThe Tuskegee Study Of Untreated Syphilis1285 Words   |  6 Pagesinitiated a study entitled the â€Å" Tuskegee Study of Untreated Syphilis in the Negro Male† in Macon County, Alabama to record the natural course of latent, untreated syphilis in Black males and explore treatment possibilities (Center for Disease Control and Prevention [CDC], 2017). Macon County, Alabama, in which the town of Tuskegee is located, was selected as the location of this study because earlier studies conducted in the rural South by the USPHS to determine the prevalence of syphilis among BlacksRead MoreThe Impact Of History And Counseling Theories1046 Words   |  5 Pagesstate that as a people there is a deception in thought that the practice of the counseling / therapy profession is morally, ethically, and politically neutral (Sue and Sue, 2008). As an African woman, I know this to be incorrect. When you have studies that driven by European and American individuals focused primarily on Caucasian participants how can you expect there to be any cultural benefit. If a counselor has biases towards African Americans, there will be hindrances towards the quality ofRead MoreWomen During The First Half Of The Twentieth Century951 Words   |  4 Pagesfrom chronic illnesses; such as syphilis specifically among African-American women and their families. The economic problems in the post-war years made it hard for African-American woman to get access to the new types of medicine that were developed. â€Å"During this time period scientist were working on developing a study called The Tuskegee Syphilis Study. â€Å"It was later called â€Å"the Tuskegee Study of Untreated Syphilis in the Negro Male†, was a notorious clinical study that has become a by word for racistRead MoreTuskegee Experiment Essay2920 Words   |  12 Pages The purpose of this paper is to elaborate on the Tuskegee Experiment based upon previous international study, it will also state the original study and where did it originate, the purpose of the study and the results. It will also state who or what were the principal investigators, the participants (gender, race, age), why and how did this study end. The original study of the Tuskegee research was a disreputable medical experiment carried out in the United States between 1932 and 1972Read MoreUnethical Government Human Experiments : Unethical1833 Words   |  8 Pagesapologized. Experiments such as the â€Å"Tuskegee Study of Syphilis in the Negro Male† has taken the lives of the victims involved in the study. This is an infamous study government officials conducted in 1932, the objective of this study was to record the effects of syphilis in black people (About Us). Jackson 2 In total 600 men were victims of this experiment, 201 of the men were uninfected, they were known as control subjects, and 399 out of the 600 men actually had syphilis. The researchers told the men

Not Prepared for This War Male Role Only Essay - 683 Words

Women have fought decades to be seen as equal to men. All though all these good things happened because of woman’s movement. However, this doesn’t mean women must play male roles in the twenty first century. Placing women front line in combat is setting them up in a field full of grenades that represent distress emotion and the lack of physical strength that in the end will have a negative effect on females and their fellow soldiers they are fighting with. There are specific roles that only a male should take. For example, protecting and serving our country. Women should have equal rights, women have the disadvantage of fighting in combat where their safety is on the line and their physical biological and emotional restrictions will hold†¦show more content†¦Unlike men, a women’s pelvic ring is wider which, make it easier to carry and give birth to a baby (Delavier). Women having the ability to reproduce, allowing our population to increase. With our po pulation growing our economy will grow, and we are less likely for extinction. Also, a women’s body is programmed to provide bodily nutrients to provide for their baby for example breast feeding. In addition fourteen percent of nursing mothers are being deployed four months after giving birth (Vlahos). The three month period for a baby marks the time for exploring movement and growth. At four months your baby is not as tiny as when they were born. They no longer fit in a baby tub, which they know fit in an adult bath tub where they can easily slip and fall into the water. They are also learning how to crawl and grab objects. This makes them prone to accidents. Their safety is your concern and responsibility as a mother. Even, after their first four months a mother is not adequate enough to leave her baby for excessive period time especially like a deployment which last up to eight to twelve months. As a society we grow up in the norms of what a male and women’s role should be. In addition a study on male and female emotion the correlational analyses revealed positive relationship between social anxiety with aggression and stress for males, and negative relationship between social anxiety and social skills for females (Majed). When you’re in combatShow MoreRelatedThe Role Of Women And Their Participation During The Civil War1397 Words   |  6 Pages Women’s role has evolved through time and it is clear that women did history, but they are not always portrayed in the history books. That is why it is important to analyze the roles of women and their participation during the Civil War. This was an important event that marked a change the role of women in society. There are narratives and records of how women experienced, and contributed during the Civil War. The women from the North, South, elite and poorer social status, they all had differentRead More Women in the Military Essay667 Words   |  3 PagesRevolutionary war. There have been brave women in war posing as men so they could fight. There are a select few women who could handle war and combat. The negative aspects of women in combat outweigh the positive. Women should not participate in military combat. However they may join the military and served in traditional roles such as nurses and office staff. The difference between men and women is women are physically weaker, they have vital personal needs, and they attract male troops. WomenRead More The Role of Queen Guinevere in King Arthur and His Knights Essay examples1112 Words   |  5 Pagesby males. But despite her access to the Round Table, she has no legitimate power. She is a woman figure who can be discarded as desired. Her presence in the male dominated arena is a source of discord among them. 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As the gentle sex, women are traditionally associated with the care and creation of life rather than with its destruction. However, over the past twenty years, women have increasingly se rved, and continue to serve, with valor and integrity in the Unites States Armed Forces (Kamarack, 2015). Although women have successfully proved themselves in the military, they should be restricted from entering into direct combat because they areRead MoreRole Of Women During World War II950 Words   |  4 PagesHistory 116 December 1 2015 The Role of Women in World War II In the early 19th century the role of women was typically categorized as doing chores around the house and raising children. Seldom were women seen with real jobs or in positions of full-time employment but as the United States developed so did the role of women. One of the largely contributing factors to the evolution of women’s role in society was the conditions of the US at war. World War II was a war that required more military andRead MoreComparison Of Emma Watson And Tim Watsons Speech941 Words   |  4 PagesEnglish Language Assignment In this essay I will be comparing and analysing Emma Watsons ‘Gender Equality is your issue too’ speech, executed on the 20th of September, 2014. Watson had pre-prepared this speech, as it was performed for the HeForShe campaign at the UN Headquarters, in New York. Alongside Tim Collins’ speech to the 1st Battalion of the Royal Irish Regiment, in Iraq, 2003 – of which was an eve-of-battle rousting and of which had not been prepared, prior to British troops enteringRead MoreAn Analysis Of Elaine Tyler s Connection Between Foreign And Political Policy And The Dynamics Of American Families During The Post1173 Words   |  5 Pagesdynamics of American families during the post war and Cold War eras through the idea of containment. Her main argument is that domestic containment was bred from political containment. 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Unfair Dismissal Free Essays

The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee, there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract, damages will often be limited to the loss of earnings during that period. We will write a custom essay sample on Unfair Dismissal or any similar topic only for you Order Now The civil law does not provide for a remedy by way of reinstatement.There is no remedy based upon breach of contract for failure to follow appropriate grievance and disciplinary procedures prior to dismissal. However, it will be argued below that the development of the concept of unfair dismissal and the range of remedies available in respect of it has perhaps empowered the employee to too great an extent with the ironic result that he may ultimately be less well served as a result of a consequent reluctance on the part of prospective employers to expose themselves to the consequences of employing an individual who will in due course be in a position to pursue such a powerful array of relief against them.Unfair dismissal is a wholly distinct concept first introduced by the Industrial Relations Act 1971. Section 94 of the Employment Rights Act 1996 (ERA 1996) now provides: An Employee Has The Right Not To Be Unfairly Dismissed By His Employer. This is the basis of the remedies which may now be pursued in the Employment Tribunal but it is unhelpful as a definition. In W Devis Sons Ltd v Atkins, Phillips J described unfair dismissal as narrowly and to some extent arbitrarily defineda form of words which could be translated as being equivalent to dismissal ‘contrary to statute’. This underlines the fact that the law of unfair dismissal is entirely a creature of statute and as such is far more highly codified than the civil remedy. Since the remedy of unfair dismissal and the legal machinery by which it is awarded were born in an era of strife in industrial relations, it is perhaps unsurprising that the balance between the rights of the employee not to have his employment terminated without justification and the interests of the employer (often profit-motivated) to be able to select, regulate and remove employees is often highly contentious and political.There is frequent disagreement as to whether employees are sufficiently protected or whether, by contrast, the employer is now so beset by procedural requirements and sanctions for their breach that the recruitment and dismissal of employees has ceased to be able to respond freely to the merits or demerits of the individual employee and the need to control a workforce in the interests of the particular compan y or undertaking in question. Types of Dismissal The three types of dismissal are contained in s. 95(1) of ERA 1996: Direct dismissal; Expiry of a fixed term;Constructive dismissal. The first is seemingly the most straightforward but is not without its own complications. Instructions that may appear unequivocal to the layman will not necessarily be interpreted by the Employment Tribunal or the Employment Appeal Tribunal as constituting a dismissal. Thus, in Futty v D D Brekkes Ltd a foreman on Hull Docks told an employee that if he did not like his job he should f*** off!. The tribunal held that this instruction should be seen in the context of the manners of expression usual on Hull Docks and that it should not be regarded as a dismissal.By contrast, a dismissal may be found even though the termination of employment is not expressed in that way: in Robertson v Securicor Transport Ltd, the claimant had broken a company rule by signing for a contained which had not been received. He was presented with the alternative of resigning or being dismissed. He chose resignation but this was held in effect to be a dismissal. The second type of dismissal is infrequent by comparison but occurs where the employee is employed under a contract for a limited term, dismissal occurs if that term expires without being renewed under the same contract.In these circumstances, however, the reasonableness of the employer’s action in not renew ing the contract must be assessed. If there are genuine circumstances giving rise to a fixed term contract such as the work being of a temporary nature or the employment being for a specific purpose which has come to an end, it may be reasonable not to renew the contract after expiry. (Regard should now be had to the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 which provide protection to those on fixed-term contracts such as teachers in higher education and senior employees in the Health Service. The third type of dismissal – constructive dismissal – can often be the most difficult to define in practice. S. 95(1)(c) ERA 1996 states that a resignation will amount to a dismissal if the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct. This is a somewhat circular definition but the operation of the doctrine of constructive dismissal can be illustrated by reference to the notorious case of Western Excavating (ECC) v Sharp.An employee had been suspended without pay as part of disciplinary proceedings. As a result, he was short of money and asked his employer for a loan. When this was refused, he resigned in order to avail himself of accrued holiday pay. Surprisingly both the tribunal and the Employment Appeal Tribunal (EAT) found this to be a case of constructive dismissal. However, the employee lost on further appeal when Lord Denning held that for there to be a constructive dismissal, the employer’s actions had to amount to a significant breach of the contract of employment.This therefore applied a contractual analysis more akin to the civil law wrongful dismissal approach. However, as will be seen below, cases of constructive dismissal are now regulated by the statutory disciplinary and grievance procedures introduced by the Employment Act 2002 (EA 2002). It will be argued that these new requirements have the effect of tipping the scales too far in favour of the employer in many cases. Fairness Section 98(4) of ERA 1996 defines this concept: the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer) – a) depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and (b) shall be determined in accordance with equity and the substantial merits of the case. It should be noted, however, that s. 34 EA 2002 inserted a new s. 98A into ERA 1996 which provides that breach by the employer of a statutory procedure on dismissal, which sets down the minimum procedural requirements, means that the dismissal is in any event automatically unfair. The impact of this development will be considered below. ) Therefore, fair is equated with reasonable and will be a question of fact to be determined by the tribunal drawing on the experience and common sens e of its members who are selected (with the exception of the legally qualified Chairman) from a representative cross-section of the employment environment. However, it has been held that there is to some extent an objective test. In British Leyland (UK) Ltd v Swift it was suggested that the question which should be posed is: is it possible that a reasonable employer, faced with these facts, would have dismissed?Similarly, in Haddon v Van den Bergh Foods Ltd, the EAT suggested that the tribunal should consider whether the employer acted reasonably in invoking the ultimate sanction of dismissal. It was not, however, sufficient for the tribunal to simply ask what they would have done without recognising that their personal views might not accord with reasonableness. It s submitted that there are dangers in both approaches. The so-called objective test of the reasonable employer might be regarded by the employee as leaving him vulnerable since it is the reasonable employer rather than the reasonable man that is set as the benchmark.If the function of the tribunal is to arbitrate fairly between the employer and the employee, it should not be regarded as appropriate to impose the standards of one upon the other. C onversely, an employer may object to a man on the Clapham omnibus-style test or, worse still, the subjective views of members of the tribunal when confronted with the facts on the ground that neither test provides a proper appreciation of the pressures and constraints upon an employer who is confronted by an employee whose conduct or performance are prejudicial to he particular company or undertaking. Procedure – Dismissal As has been seen above, the new s. 98A ERA 1996 which came into effect on 1st October 2004 renders breach of certain minimum procedural requirements unfair. Schedule 2 of the 2002 Act and the Dispute Resolution Regulations 2004 (DDR 2004) provide for both a standard and a modified disciplinary procedure.By reg 3(1) DDR 2004, the standard procedure applies where the employer contemplates disciplining or taking relevant disciplinary action against an employee and provides that: The employer must set out in writing why he is contemplating dismissing or taking relevant disciplinary action; Prior to the disciplinary meeting the employer must inform the employee of the grounds for taking such action and the employee has to have a reasonable opportunity to consider his response to this information; There must be a disciplinary meeting;The employer must inform the employee of his decision and of a right of appeal; After any appeal hearing, the employer must inform the employee of his decision. The modified procedure (reg. 3( 2)) applies where the employer believes that the employee has committed an act of gross misconduct. In these circumstances, the employer can dismiss the employee summarily but must set out in writing his reasons for doing so and inform him of a right to appeal. Thereafter the procedure is the same. For this procedure to apply, the employer must be entitled to dismiss the employee for gross misconduct at the time when the employer became aware of it or immediately thereafter and it has to be reasonable for the employer to dismiss the employee before enquiring into the circumstances in which the conduct took place. These new statutory procedures seem entirely reasonable and probably do little more than reflect the best practice in place in many places of work even prior to the implementation of the regulations.What is significant, however, is the mandatory and arguably Draconian sanctions that have been set in place in the event of non-compliance. Where the statutory disciplinary procedures have not been complied with, the dismissal is rendered automatically unfair. Further, s. 31(3) EA 2002 provides that in such circumstances the tribunal must increase the award to the employee by 10% and may if it considers it just and equitable in all the circumstances to do so increase it by a further amount but not such as to make the total increase more than 50%.There is, as yet, little indication of how prevalent the application of such sanctions will become in practice but it is submitted that these procedures and sanctions are capable of inflicting great injustice upon an employer. It will be noted from above that the test of fairness set out in s. 98(4) ERA 1996 is qualified (as were the predecessors of this provision) by reference to the size and administrative resources of the employer’s undertaking.It is suggested that this represents a practical and realistic approach to the realities of the workplace: it is not reasonable to judge the human relations performance of a small family engineering company in the Black Country against the standards of ICI! The new procedures, however, do just this. A tribunal is left with no discretion either in judging the fairness of the approach adopted in disciplining or dismissing an employee: an otherwise warranted dismissal will be rendered automatically unfair for procedural irregularities.The same is true to a certain extent with the size of the increase in the award which must be applied. Admittedly, there is some discretion on the basis of what is just and equitable as to whether the increase is 10% or 50% or some point in between but an increase there must be. Again, this will have a disproportionately punitive effect upon small businesses who are probably already able ill to afford the basic and compensatory elements of the standard tribunal award and for which the impact of the mandatory increase will be proportionately greater. Procedure – Grievance (Constructive Dismissal) The implications of the new statutory grievance procedures may be considered even more undesirable in their effect than the potential consequences of the disciplinary procedures which are the subject of criticism above. As a matter of basic philosophy, the introduction of these requirements is more difficult to understand than those in respect of dismissals. Subject to the criticisms above in respect of the effect in practice of imposing nescapable requirements and automatic and rigid sanctions in the event of non-compliance, it is possible to justify legislative attempts to improve procedures adopted prior to the imposition of the ultimate sanction of dismissal – it is in the interests of an employee for an employer to follow a fair and comprehensible process prior to the imposition of disciplinary measures or dismissal. The ultimate justification for statutory grievance procedures is more difficult to fathom.Obviously, it is sensible to promote good practice in relation to the resolution of complaints in the workplace but it may be questioned whether it is necessary to give such encouragement the force of law and to visit failure to observe such formalities with the consequences discussed below. A grievance is defined in regs. 2(1) and 6 of DDR 2004 as a complaint by an employee about an action which his employer has taken or is contemplating taking in relation to him and which could form the basis of a complaint by an employee to an employment tribunalor could do so if the action took place. The principles underlying grievance procedures will appear familiar by reference to the disciplinary procedures but there are some differences in that they impose admissibility requirements which, in addition to the imposition of penalties, will prevent a tribunal hearing certain complaints until the formalities have been complied with. Once again there is a standard and a modified procedure. Under the standard procedure the employee must set out the grievance in writing and send it to the employer.The employer must then invite the employee to a meeting to discuss the grievance which ust not take place until the employer as been informed of the grievance and had an opportunity to consider his response. Following the meeting, the procedure is the same as in a disciplinary situation with an obligation upon the employer to notify the employee of his decision and the subsequent opportunities for appeal. The procedure is modified where the employee has ceased to be employed and either the employer was unaware of the grievance or, if he was, the standard procedure had not been commenced or not completed before the last day of employment.There must be specific agreement between the parties that it would in the circumstances be pointless to follow the standard procedure including the usual attendance at meetings because there is no ongoing employment relationship and the parties have no interest in following the procedures. In such circumstances, the procedure is reduced to the employee setting out his grievance in writing and sending it to the employer and the employer responding in writing. Failure to follow such procedures does not give rise to a remedy in itself.Admittedly, the procedure is of benefit to an employee in the sense that should he make a claim on the basis of such matters as unfair dismissal or discrimination, the failure by the employer to follow the correct procedure may lead to the award of extra compensation in addition to the main award. It is difficult to understand how this significantly enhances the protection already afforded to employees when pursuing the main complaint although it once again places an automatic extra burden upon employers even in situations where this may not be warranted.However, s. 32 ERA 1996 provides that should the fault in failing to follow the prescribed procedure lie with the employee, he will be prevented from pursuing a claim for, inter alia, unfai r dismissal until the procedures have been complied with or are deemed to have been complied with. This may not appear to be of great significance until one considers a situation in which constructive dismissal may arise. An employee is now precluded from pursuing such a claim until the requirements of the grievance procedure have been fulfilled.Admittedly, the modified procedure operates to protect an employee who has already been forced to resign by allowing appropriate methods and extensions of time limits in which retrospectively to comply with the statutory requirements but it is submitted that in many cases this will prove to be a sham and cause unnecessary procedural steps to be taken and paperwork to be generated and may, at worst, lead to the employee being prevented altogether from pursuing such action.The very essence of constructive dismissal is that the conduct of the employer is so extreme that it goes to the root of the contract of employment and he is taken to have repudiated it. Therefore, in the vast majority of such cases, even if the employee remains in employment, it is unlikely that the formal pursuit of a grievance procedure will be capable of remedying the fundamental breakdow n of the relationship between employer and employee. In many such cases, the behaviour of the employer becomes so intolerable that the employee is forced peremptorily to resign.It is difficult to ascertain what the requirement of a written complaint and formal response prior to the commencement of proceedings is designed to achieve in such circumstances. Again, this is relatively new legislation and so there are as yet few practical examples of how this might operate in practice although it is understood that a number of employees have already been taken by surprise when attempting to initiate constructive dismissal claims upon being informed that they are precluded from doing so as a result of non-compliance with the procedure. Wrongful Dismissal – A Preferable Approach?As was observed in the Introduction above, there are severe disadvantages to the employee in pursuing a civil action for wrongful dismissal as opposed to an application to the tribunal based on unfair dismissal. This is because the principal remedy for wrongful dismissal will be an action for damages based on the loss caused by the breach by the employer of the contract of employment. Thus a dismissal without notice or with inadequate notice will constitute a wrongful dismissal unless the employer was reacting to a serious breach of the contract by the employee.What amounts to proper notice will be determined by the terms of the contract. However, this is subject to statutory minimum periods prescribed by s. 86 ERA 1996 which stipulate periods ranging from an entitlement to 1 week which accrues after one month of service to 12 weeks after 12 years of service. (It should be noted, however, that this is effectively the ceiling figure a nd further years of service do not give rise to further periods of entitlement. There is clearly a considerable attraction from an employer’s point of view to basing the entitlement to dismiss upon contractual considerations.Justification for dismissal without notice depends upon the employer having a sound contractual reason for doing so. Examples of such a serious breach justifying summary dismissal have included dishonesty, assault, prolonged absenteeism, gross negligence and drunkenness at work. It is submitted that a restriction of the justifiable ability to dismiss to such clear categories of misconduct serves not only to protect the employee who could not then legitimately be dismissed for more fanciful reasons but also assists the employer who would be forced to understand the gravity of the conduct required before dismissal could occur with impunity.The frequently cited objection to wrongful dismissal as a remedy is the restriction of the compensation which would consequently be recoverable to the statutory notice period. However, to the basic f igure of wages that would have been earned during the notice period will have to be added the value of other remuneration and perquisites such as commission, a company car, share options, pension loss and back pay including any accrued holiday entitlement. In addition, interest would be awarded on the damages from the date of dismissal to the date of hearing. Further, regard will be had to other relevant contractual terms.Thus, the contract is capable of providing procedures which would have to be followed in the event that dismissal was contemplated. In Dietmann v Brent London Borough Council, it was held that even in the face of obvious misconduct, an employer will have to adhere to the terms laid out in the contract if the terms specifically set out what must happen before a dismissal can occur. It is submitted that such an approach may be an effective answer to the criticism that the common law cannot assist an employee in terms of procedural protection in the same way as the statutory procedures do.Whereas the latter are criticised above on the basis that they apply with equal and undiscriminating force to all sizes of undertaking, such contractual protection could be appropriately tailored to individual workplace circumstances. In the event that such procedures were not complied with, the court would be able to award damages beyond the notice period taking into account the length of time that would have been added to the employee’s service had the proper contractual disciplinary procedures been adhered to.In Malik and Mahmud v Bank of Credit and Commerce International (in compulsory liquidation) the House of Lords recognised damages based upon loss of reputation. However, it should be noted that the damages in this case were based upon the breach of an implied term of mutual trust and confidence (specifically, not to run a corrupt and dishonest business so as to damage an employee’s future employment prospects) and it has yet to be seen whether the principle might be given wider application so as to operate in situations in which those prospects are damaged by a capricious and unjustified dismissal.Recently, in Barber v Somerset County Council, a teacher who had to work excessive hours during a restructure suffered a mental breakdown and sued his employer for personal injury. The House of Lords held that the employers were in breach of their duty of care. This was held to be a general positive duty and not one that only arose where the employee was known to be particularly vulnerable. Thus, if the damage to the employee’s mental health can be reasonably foreseen, the employer can be held liable in damages.Such a claim would giv e rise to a far more specific and rationally quantifiable remedy than the general compensatory element which would form part of a tribunal award. It follows from this that the whole approach to the structuring of awards for unfair dismissal by the tribunal may wreak injustice, particularly upon an employer. As has been noted, such an award consists of a basic and a compensatory element. The basic award is arrived at by the application of an arithmetical formula consisting of the claimant’s net weekly wage, a multiplier related to his age and his year’s of service.This element of the award in itself is capable of imposing an arbitrary effect. It is perhaps significant that this approach is exactly the same as that employed in calculating compensation for redundancy. While this might be appropriate in the latter instance where a period of employment is coming to an end through no fault of either employer of employee, there is no logical reason why it should be applied in assessing the measure of recompense to be afforded to an employee as compensation for unfair dismissal.Admittedly, the compensatory element of such an award is, as the term suggests, designed to put the claimant into the position that he would have occupied had the termination of employment not occurred but the usual principal component of the compensatory element – loss of future earnings – is frequently a highly speculative exercise in determining how long the claimant might reasonably be expected to remain unemployed. The common law approach to measure of damages described above can hardly be condemned as less satisfactory. Conclusion While the argument in the preceding paragraph may possibly be regarded as somewhat tongue in cheek, it serves to highlight the fact that there may well be merit in reassessing the efficacy and balance of the current approach of the law in cases of unfair dismissal. It is, of course, unrealistic to suppose that the whole panoply of employment protection put in place since 1971 would ever be dismantled, there is force in the suggestion that the protection regime of employee against employer has now been extended too far.Even prior to the reforms introduced by the Employment Act 2002, it was justified to suggest that the balance of the need of an employer to be able to dismiss when appropriate against the need of an employee to enjoy appropriate job security was incorrect. The acknowledgement that the previous common law approach of awarding damages in cases of wrongful dismissal based on a strict application of contract principles was insufficient to protect the employer aga inst the perceived might of the employer was undoubtedly correct and worthy but the scales were as a result tilted too far in favour of the employer.This runs the risk of discouraging employers from allowing job opportunities to candidates of which they are not absolutely certain or even causing them to refrain from making any appointment through fear of the financial consequences of having to terminate an employee’s employment. As has been demonstrated, the introduction in October 2004 of the statutory disciplinary and grievance procedures represents too great an interference by the legislature in matters which could be left to voluntarily good practice or, where that proves insufficient, appropriate contractual protection.While the major argument advanced above is that the employer has been placed under undue constraint – most recently by the punitive consequences of failing to comply with the statutory disciplinary procedure – it should not be forgotten that the most recent round of legislation to regulate behaviour in the workplace is also capable (as a result of the impact of the statutory grievance procedure upon claims for constructive dismissal) of prejudicing the employee. Bibliography Bowers, J. , A Practical Approach to Employment Law, (7th Ed. , 2005) Holland, J. Burnett, S. , Employment Law, LPC Guide 2005 Selwyn, N. , Selwyn’s Law of Employment, (13th Ed. , 2004) Westlaw www. opsi. gov. uk How to cite Unfair Dismissal, Papers

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Question: Discuss about theDatabase Administration for Configuration and Optimization. Answer: Queries are aged out from the SGA to facilitate the execution of a new query. The queries are aged out quickly, resulting in a hard parse. This could be avoided by allocating extra memory to the library cache (Bryla and Loney, 2013). The volume of the library cache can be raised by updating the value of the SHARED_POOL_SIZE initialization parameter. The page not found error can be rectified by checking the registry entries for $ORACLE_HOME and ORACLE_SID and ensuring the connectivity. Checking if the listener is running properly and restarting the listener could also rectify the error. The EM environment could also be reinitialized with the emca command. If the data to process is more than the available SQL work area, the data is partitioned into smaller chunks of data. A portion of the data is processed in the available memory, while the rest is stored in the temporary tablespace. Using Joins instead of subqueries minimize the processing required. The manual use of transactions reduces the number of writes to the transaction log. Using UNION ALL to combine SELECT statements instead of UNION reduces the processing as duplicates are not avoided (Herodotou et.al, 2011). Using EXISTS instead of COUNT(*) returns a value as soon as the condition is met instead of checking all The VALIDATE command is used by RMAN to detect corruption and enables the database to keep information in backup files while doing it. It also reviews a command block each time it is read or written, to report a timely detection of corruption (Zhu et.al, 2012). The RMAN advise failure command is used to give suggestions about the best repair options available while back up. References Herodotou, H., Borisov, N., Babu, S. (2011, June). Query optimization techniques for partitioned tables. InProceedings of the 2011 ACM SIGMOD International Conference on Management of data(pp. 49-60). ACM. Zhu, Y. C., Luo, D., Yang, X. R., Guo, P. C. (2012). RMAN Backup, Recovery and optimization Based on oracle 10g.Chinese Medical Equipment Journal,10, 023. Bryla, B., Loney, K. (2013).Oracle Database 12c the Complete Reference. McGraw-Hill Osborne Media.