Saturday, October 5, 2019
The Law Essay Example | Topics and Well Written Essays - 1500 words
The Law - Essay Example When Arthur is discharged from hospital he discovers that the landlord of his flat, which he was occupying before the accident, has let the flat to another tenant. Arthur applies to the Local Authority for alternative accommodation but is told that he fails to come within the statutory definition of homlessness. In the above there are several issues that need to be discussed on order to be able to discuss the legal actions that might result from the scenario. The issues that require examination are unfair dismissal with regard to the dismissal from work and dangerous driving on the part of Barry. With regard to the injuries of Arthur caused in the accident there needs to be a discussion on the chain of causation to determine whether Barry should be held liable for the suffering caused or whether Arthur has a claim against the doctor for the negligent treatment. In respect of the flat there needs to be a discussion on breach of contract and unlawful eviction as the landlord has let the flat to someone else in breach of the tenancy agreement. In respect of the homelessness there needs to be an examination of the Housing Act 1996 to determine why Arthur is not regarded as legally homeless. Unfair dismissal as is suggested is when an employer dismisses an employee without good reason. In some instances unfair dismissal can be regarded as automatically unfair. This might be the case in situations where the employer has not followed a proper dismissal procedure before dismissing the employee1. In some claims for unfair dismissal the employee has to have worked for the employer for at least a year whereas in other case the year rule does not apply. In recent times the law has been changed by placing statutory requirements on the employer before the employee can be dismissed. Previous legislation used to regard the employee more as a servant to the employer than a contributing member of the workforce2. Section 94 of the Employment Rights Act
Friday, October 4, 2019
Company Law shareholders Case Study Example | Topics and Well Written Essays - 1000 words
Company Law shareholders - Case Study Example Remedies available to Samantha are bringing action section 994 (old459) of the Companies Act meant for Minority Shareholders' petitions against the directors' misrule etc. and also a derivative action. From time immemorial, minority shareholder has been discouraged to take action against the directors on the grounds of company being run on majority concept and on the basis of action if any should be taken only by the Company on the directors and not the shareholder in individual capacity. In Foss v Harbottle1, it was observed by the court that minority should rather take necessary action through the internal forum of company meetings. Wigram VC stated that in view of the majority rule, any unlawful conduct of the directors was capable of being ratified by the majority and that it was not possible for the court to intervene. The only exception to the rule as observed by Jenkins LJ in Edwards v Halliwell(1950)2, could be that the minority shareholder should show that the directors accused of fraud were actually in control of the company rather than merely maintaining that majority could not lawfully ratify the wrong acts of the directors.3 In Ebrahimi v Westbourne Galleries Ltd4, th e minority shareholder Ebrahimi sued on the basis oppression of minority and winding up on just and equitable grounds. The second one was accepted by the court holding that individual's rights should be respected and the rights were not necessarily submerged by the artificial corporate entity context. The minority shareholder Samantha is of the opinion that the purchase of the property of Pastry Products for 450,000 by Filo Ltd is prejudicial to its interests and now she has learnt that both the directors are together holding 44%(each 22%) of shares of that company and the proceeds of the sale of the property have been used for payment of that company's dividends. Regulation 81(a) of Table A of Articles Filo Ltd has adopted, governs removal of directors along with other regulations from 81(b) to (e). Regulation 81(a) says "the office of a director shall be vacated if-(a) he ceases to be a director by virtue of any provision of the Act or he becomes prohibited by law from being a director"5 Besides, a director enjoys immunity as per regulation 118 which indemnifies every director against liability incurred by way of defence to any civil or criminal proceedings in case of judgment or reliefs in his favour. On the other hand a person conducting shareholder litigation has to meet costs from his own sources in case of the derivative claim being rejected by the court. As per the new Act's section 172 which came into force from October 1, 2007, directors must "promote the success of the company for the benefit of the members as a whole"6 as against the earlier parallel provision that they should act "in the best interests" of the company. Government has clarified that "to promote the success" means "long-term increase in value" though this is subject to being confronted by a competing definition from potential litigants. Under Section 175 of the new Act, director has duty to avoid conflict of interests. There should not be a situation involving exploitation of any property, information, or opportunity whether or not they are advantageous to the company. The acquisitioning of the property by Filo Limited from Pastry Products in which both of the directors hold 44% of shares falls under this section. Further it has been stated that
Thursday, October 3, 2019
Cultural Considerations Essay Example for Free
Cultural Considerations Essay People belonging to different cultures have different perception towards the aspects of life and justice is also under these aspects that have significant impact of culture. Individuals belonging to particular cultures have their opinion about the justice that is greatly influenced by the type of culture they belong to as every culture has some ethics and values that each individual and society follows. The concept of globalization has made people to live in diverse countries with different justice system and this leads to the issue of cross cultural disparity in perception of justice of different systems. So the culture values play a significant role in perceptions of justice and outcomes along with the comparison process (Bond, 1982). Since the people associated with certain cultures have their own beliefs and these beliefs of individuals belonging to different cultures contradicts them with the laws and regulations of a particular country. Some cultural facets negate or mitigate criminal responsibility where acts are committed under a reasonable good-faith belief in their propriety, based on the individualââ¬â¢s cultural heritage or tradition and this makes the people of particular culture to disagree with justice formulation of culture. The dissatisfaction of people from the justice system of the country escorts practical problems of the law and culture clash in the context of criminal and to some degree to civil liabilities also. These differences also cause variety of cases including homicide, the treatment of children, animals and the dead as well as the regulation of marriage, attire, and drug usage cases to rise to a greater extent thus making it difficult for the security administration to enforce proper law and order (Bond, 1982). The ethics and values of a particular culture impose serious problems for the security administrations also as people commit crimes and associate their sins particularly with criminal defenses, civil rights, and cultural regulations. So it became very difficult for the administration to regulate the country with different cultures as people take the shelter of their respective cultures in order to avoid serious punishments. This also makes the whole system reluctant of imposing the better regime along with the law-culture clash that raises questions of hegemonic domination, human rights and political philosophy in the whole country. It is very difficult for the administration to maintain the justice right for all the individuals believing in different cultures as they have dissimilar issues so the governments of countries with mixed cultures have adopted services that can solve the law-culture issues. One of the most commonly followed policies is the Community Relation Service as it provides platform to solve various issues based on race, color or culture. The countries have adopted qualitative dimensions with respect to justice in order to gather community perspectives at each stage of the justice process, while a quantitative dimension provides the opportunity to demonstrate outcomes that have credibility for community members and scholars also. Transformative mixed methodologies are also used by modern day systems to provide a mechanism for addressing the complexities of system coordination in culturally complex settings that can provide a basis for social stability (Kymlicka, 1995). Countries also use other methods like change in demographics and immigrant patterns to avoid clashes and these countries also set values under the justification and made immigrants aware of their laws in order to make every one aware of the law and regulation configuration (Kymlicka, 1995). These policies help the justice administration to put their decisions in the perfect manner so that the law and order of the society is maintained without any sort of fuss among the masses. The security administration also provides better policing facilities to provide enhanced level of security among the common people and avoid incidents that can lead to violence. The factors leading to the crime are also considered by most of the systems so that convicted individual is awarded punishment by considering all the parameters. These policies and methods provide a better coordination between the administration and the people belonging to different cultures by considering the issues and beliefs of particular culture and judging the individuals accordingly to provide most levelheaded and well composed justice. In 1829, Sir Robert Peel created the Metropolitan Police when he served as Home Secretary of England. According to Peel, the real key for policing is the police are the people and the people are the police. His principles can still be used in the present era as the prevention of crime should be the main idea in order to maintain a peaceful environment all over the state. The public approval could also be used like his principles as in case of diverse society, it is necessary for police to understand the different cultures that make up the communities that they patrol. This can be accomplished through multi-cultural training and education so that there is no problem in tackling the issues that involved people from different cultural background.
The Pros And Cons Of The Death Penalty Philosophy Essay
The Pros And Cons Of The Death Penalty Philosophy Essay Introduction Capital punishment, which some also call the death penalty, has been around in society for hundreds of years. Ever since it began, there have been discussions as to whether it is morally right, and as to whether it actually deters criminals. Some believe that the prospect of being put to death often stops criminals from committing violent acts. Others believe exactly the opposite, stating that those that commit violent crimes are driven to do so for various reasons, and whether they have the chance of being put to death or not will not stop them from doing what they feel they must do. Some serial killers and other violent individuals believe that they will never be caught. Others think that they are doing Gods work, or they cite other important reasons for the killings and violent acts that they partake in. Sometimes this is due to mental disorders, but there are other reasons that people commit acts of this nature. Regardless of these reasons, however, violent acts can and do occur and whether these people should be put to death for their crimes remains a hotly debated issue. On one side of the debate, there are those that believe that killing is morally and ethically wrong, whether it is the killer and his victims or the government and the killer. The ethical dilemmas that are faced by this issue are not designed to be discussed here. They are important and worthy of discussion and thought, but the scope of this paper does not allow for space to debate the ethical issues that involve the death penalty as it pertains to violent individuals and their reasons for their actions. The purpose of this paper is to leave those issues aside and determine whether there is a basis of truth in the statement that capital punishment deters violent crime. This statement is used by many who believe in the death penalty, and they argue that these criminals will not be able to do any more harm, which is certainly true, and not a question for debate. What is debatable, however, is whether the idea of the death penalty affects those that might commit violent crimes, and whether it stops them from doing so. There are many that believe this, and others that insist that there is little to no effect. Both sides of the argument will be addressed here, so that conclusions can be drawn from the information presented that will hopefully shed some light on the debate and determine which side is correct. There is, however, seemingly much more information available that is against the death penalty than for it. It is also possible that a determination will not be able to be made due to the fact that there are so many issues and beliefs that surround each side, and statistics can be made to show many things, depending on who is utilizing them and how the numbers are manipulated. It is for this reason that statistics will not play a large role in the scope of this paper, as numbers often vary. Argument for the Death Penalty Those that argue for the death penalty state that, not only does it keep the person in question from committing any more violent acts, but it also serves as a lesson for those that are considering these types of acts in the future. It is not only the United States that has this problem, as many other countries are also concerned about crime rates (Bedau, 1998). In some other countries there are people that feel that doing away with the death penalty offers no deterrent for those that would rape and murder innocent people for some reason, or sometimes for no real reason at all (Bayat, 1999). It is believed that the criminal element that is aware of the death penalty will spend more time considering whether the act they are thinking of committing is worth the price that they might ultimately have to pay (Delfino Day, 2008). The opinion is that many criminals will feel that risking their life for the violent act is not worth the price, and they will refrain from committing these kinds of crimes. Few people, even criminals, have a death wish, and it is believed that this lack of desire for their own death will keep them from causing the deaths of others (Delfino Day, 2008). Despite opposition from those that believe the death penalty should be stopped, some statistics do show that the number of murders does rise when the death penalty is not in force, and this number falls when the death penalty is reinstated (Johansen, 1998). Another point of this argument is that the death penalty brings closure for the victims of the families that have lost loved ones. There is apparently a satisfaction, at least for some, upon seeing these people give up their life at the hands of the government. The chapter of their lives that dealt with that person has come to an end, and they can finally feel that they can move on with their lives (Radelet Akers, 1996). This is somewhat related to violent crime, in that there is always the possibility that survivors who have lost loved ones would consider taking their vengeance out on others because of their pain and sorrow, and this could lead to even more violent crimes. Violent criminals that are paroled also run the risk of being killed by those that know what they did and believe that they should have died. This creates more violent acts in society and more problems with how to punish these individuals. Having the death penalty for violent crimes often prevents this. To summarize, the main point of the argument for the death penalty is that crime will go down because of the fear of punishment. This is the belief of those that advocate the death penalty for all violent crimes, and all of the information to the contrary does not appear to change this opinion. Argument Against the Death Penalty There are many different arguments against the death penalty, and some of these come from law enforcement. Recent polls of police chiefs in various areas of the country indicate that a large majority of them believe that the death penalty is no deterrent to violent crime. It ranks last on their lists of how they should go about reducing violent crime, and studies have shown that it is no better at reducing crime than the possibility of life in prison without any chance of parole (Cook, 1999). This is interesting, in the face of the argument that the death penalty reduces the amount of violent crimes that are committed. Studies have also shown that, contrary to the popular opinion that the death penalty brings closure, most people do not feel that watching someone else die helps them to move on in any way (Cassell Bedau, 2005). Sometimes it seems to profane the name of the lost loved one by associating yet another death with it. The death of the loved one is painful enough without ad ding to it (Cook, 1999). Mainly, Opponents of the death penalty argue that (Policy, 2003): those contemplating criminal activities do not rationally weigh the benefits and costs of their actions, the costs associated with obtaining a death penalty conviction are larger than the costs associated with providing lifetime imprisonment, in a world of imperfect information, innocent individuals may be convicted and executed before exonerating information is discovered, and the death penalty has disproportionately been applied in cases in which the defendant is nonwhite or the victim is white. There are several effective arguments against the death penalty, including the fact that some people have been executed, and the government has later discovered their innocence. There is not much to be done at that point, and instead of deterring violent crime, it makes the death penalty seem unjust and unfair. It also draws into question once again whether the death penalty is such a good idea, since it can sometimes be used incorrectly and innocent people are made to suffer for the mistakes of the police, prosecutors, and government (Rivkind Shatz, 2005). It would seem that many criminals would find this more amusing than frightening. They do not take their chances of being caught and subjected to the death penalty seriously enough to be frightened by the penalty like many assume they will be (van den Haag, 2001). According to some that believe in God and feel that the death penalty is acceptable under the scriptures, make one main point, which is that This is not an issue that may be measured accurately in terms of statistics. No one can ever know how many potential murderers have refrained from taking human life due to their fear of prosecution, conviction, and ultimate execution (Jackson, 2003). It is also questioned during this same argument that those who conclude that the death penalty is not a deterrent to violent crime should also be able to conclude that prison is not a deterrent either, since people seem to keep committing crimes, whether or not they think they will go to jail. Another concern over the death penalty and violent crime is the issue of the mentally handicapped (Banner, 2003). They, along with juveniles, also commit violent crimes on occasion. These mentally handicapped individuals, not to be confused with mentally disturbed or insane individuals, often have low IQs and do not realize what they have done. The death penalty in their cases is not any deterrent. They do not even realize what they have done. One mentally handicapped man actually asked the jailers to save his dessert for him so that he could eat it after his execution. It was clear that he did not understand what the execution was about, no more than he understood the crime that he had committed. Executing individuals like this does nothing for society. Many people find it cruel, and even if it is not, it is certainly senseless. There are no important lessons about not committing crimes that are learned by executing someone who is mentally handicapped (Reforms, 2002). The same is true for juvenile offenders. Some juveniles that are convicted of violent crimes are locked away in prison until such time as they are old enough to be executed, which really does not teach juveniles anything valuable about the death penalty or avoidance of violent crime. More often than not, these juveniles are not executed, and most juveniles know that they will not receive the death penalty, even if they are tried as adults, so they are not deterred by the possibility (Radelet Akers, 1996). There are other arguments, but the most effective argument against the death penalty as a deterrent for violent crime appears to be the fact that crime has not gone down simply because the death penalty is out there (Death, 2000). States that have it do not have lower crime rates on average than states that do not have it, and that would indicate that the death penalty in and of itself is not stopping people from committing violent acts (Ikramullah, 2003). Conclusion Crime, including violent crime, has been with society virtually since the beginning, and it will remain with society until it ends. Nothing will stop some people from committing violent acts, and the death penalty does not appear to be the answer. Sometimes, innocent lives are lost to this process, and many times the families of the victims do not experience the kind of closure that one would hope for simply because the offender has been executed. Since it would appear that even law enforcement does not see the death penalty as an answer to the problems of crime in society, one wonders why it is allowed to continue. It is possible, however, that the death penalty would be a deterrent if it were used more swiftly and more often. Many people who are sentenced to death spend years in prison appealing their conviction and appealing their sentence, and this is a large waste of taxpayer money, as well as a huge burden on the court system. Those that are guilty beyond a shadow of a doubt often wait a long time for their sentence to be carried out. Even when DNA evidence shows that they were the guilty party, the execution is still not swiftly carried out, and this allows many criminals to find some way to avoid it. Instead, they end up spending their life in prison, where they get hot meals every day, are allowed to exercise, and have a bed to sleep in every night. They watch TV and read books, and this is more than many of the hungry and homeless in todays society get. Criminals are treated better than many of these people. The criminals have lost their freedom, but they get a lot of things in return for that, and society is required to pay for them through taxes and other avenues that fund the prisons. One is left to wonder why this is so, and whether the death penalty actually would work if everyone found guilty of a violent crime and proved guilty with DNA evidence and/or a confession was executed within 30 days. There would be less prison overcrowding, and appeals would not be allowed. Enacted in this way, the death penalty might be a better deterrent against violent crime, because the stakes would be much higher than they are now, and the chances of being executed would be much greater. It would give criminals more to think about when they were contemplating their violent crimes, and society (at least that part of society that supports the death penalty) would feel better about not supporting these criminals while they appealed and worked to save themselves. It is also possible that more people would come to see the death penalty as a good idea if they could be shown that there was less prison overcrowding and that the amount of violent crime was actually dropping because of it. This might help society out in several ways, but it is unlikely that this will come to pass. There are always those that will fight for the rights of convicted prisoners, and argue that they are misunderstood. There are also those that will maintain the opinion that killing is wrong, no matter who does it. Every individual is certainly entitled to their opinion, and it would appear that those who feel the death penalty is wrong are winning their battle, at least in some states, because executions do not take place very often. Even when they do occur, it is usually after a lengthy appeals process lasting many years and costing much money. Since society will never be free of crime, dealing with that crime and controlling it has become the focus of law enforcement. If the death penalty can be improved and made to work, it should remain. If it cannot be changed so that it actually deters violent crimes, than perhaps it should be done away with in favor of a system that will actually lower the crime rate and work to prevent violent crimes in the future.
Wednesday, October 2, 2019
The Good Earth by Pearl Buck :: The Good Earth Pearl S Buck
The Good Earth Essay à à à à à The Good Earth by Pearl Buck provides an excellent form of archetypal structure. It shows how nature is clean and pure, while the mechanistic world is corrupt and evil. There are many ways that it can be proven, yet only three are really stressed throughout the novel. The three stressed throughout the novel the entire time are, nature providing, money corrupting, and how the law of the land is the only right way. That was why, in The Good Earth, the archetypal structure, nature versus the mechanistic world was portrayed throughout the entire novel. à à à à à Basically, the entire story told the reader that nature is always providing. A way that nature provided for Wang Lung was, "And in the field the wheat seed sprouted and pushed delicate spears of wet green above the delicate brown Earth" (pg, 43). Wang Lung got his fields this way by plowing and farming for many years. By doing this, Wang Lung did his part so nature helped him out. Wang Lung had told a man, not of his superiority, "Ãâ° Good harvest means good seasons" (pg, 47). This showed how well acquainted Wang Lung was with his land. He was so in-tune with nature that he could tell if it was going to be a good year or not. Thus, throughout the entire novel, nature always provided for Wang Lung and his family. à à à à à Another archetypal structure used in the novel was showing how money corrupts. A statement made in the novel concerning this was, "Ãâ°And everyone knew now that Wang Lung owned this land, and in his village there was talk of making him head" (pg, 58). This statement was said around the time that Wang Lung started realizing how powerful he was. So after hearing this, Wang Lung got big headed, causing the money to make him corrupted. One line said in the book really sums up how money corrupts, "And am I always to look like a hind when we have enough to spare?" (pg, 186). This occurred when they were living in the Great House and everyone was spoiled. It seems hard to believe that a family brought up from nothing, to have everything, would be so spoiled and ungrateful for all they have. Even in todayÃâ¢s world money corrupts, but Pearl Buck does a good job of showing it in The Good Earth. à à à à à One of the other ways for stressing archetypal structure is stating that the law of the land is the only way. The Good Earth by Pearl Buck :: The Good Earth Pearl S Buck The Good Earth Essay à à à à à The Good Earth by Pearl Buck provides an excellent form of archetypal structure. It shows how nature is clean and pure, while the mechanistic world is corrupt and evil. There are many ways that it can be proven, yet only three are really stressed throughout the novel. The three stressed throughout the novel the entire time are, nature providing, money corrupting, and how the law of the land is the only right way. That was why, in The Good Earth, the archetypal structure, nature versus the mechanistic world was portrayed throughout the entire novel. à à à à à Basically, the entire story told the reader that nature is always providing. A way that nature provided for Wang Lung was, "And in the field the wheat seed sprouted and pushed delicate spears of wet green above the delicate brown Earth" (pg, 43). Wang Lung got his fields this way by plowing and farming for many years. By doing this, Wang Lung did his part so nature helped him out. Wang Lung had told a man, not of his superiority, "Ãâ° Good harvest means good seasons" (pg, 47). This showed how well acquainted Wang Lung was with his land. He was so in-tune with nature that he could tell if it was going to be a good year or not. Thus, throughout the entire novel, nature always provided for Wang Lung and his family. à à à à à Another archetypal structure used in the novel was showing how money corrupts. A statement made in the novel concerning this was, "Ãâ°And everyone knew now that Wang Lung owned this land, and in his village there was talk of making him head" (pg, 58). This statement was said around the time that Wang Lung started realizing how powerful he was. So after hearing this, Wang Lung got big headed, causing the money to make him corrupted. One line said in the book really sums up how money corrupts, "And am I always to look like a hind when we have enough to spare?" (pg, 186). This occurred when they were living in the Great House and everyone was spoiled. It seems hard to believe that a family brought up from nothing, to have everything, would be so spoiled and ungrateful for all they have. Even in todayÃâ¢s world money corrupts, but Pearl Buck does a good job of showing it in The Good Earth. à à à à à One of the other ways for stressing archetypal structure is stating that the law of the land is the only way.
Tuesday, October 1, 2019
The Celtic Appreciation of Nature Essay -- essays research papers
The Celtic Appreciation of Nature In doing this assignment, I was looking forward to becoming more appreciative of nature, and all that it has to offer us, wanting a better understanding of it all. It seems that we take all of the beauty of our earth for granted, we are spoiled and it shows. In completing this practicum, I hoped to return to a state of mind where everything I see has beauty in it, like a baby seeing things for the first time, when everything is so fascinating, that touching it in complete awe is all I want to do. The Celtic appreciation of nature is what influenced the path I took with this day of reflection. The way they loved it as though it was their child, the way they respected it as though it was their mother, and even the way they feared it, as if it was their school principle (for lack of a better term). They held Mother Earthââ¬â¢s gifts in such high regard, and that is what, to me, is so wonderful about them. Throughout the day I told myself repetitively that, ââ¬Å"The world was not created for us, but us for her.â⬠I felt that personifying earth was more appropriate, considering itââ¬â¢s so alive with so many things that are, and possibly will forever be, unfathomable to us. This was my Lorica, I also wrote a poem that is at the end that meant a lot to me and reflects the way I felt while the sun was descending. à à à à à I referred a lot to the Thomas Berry video, recognizing the fact that his feelings are another inspiration for this day. He too, feels that we are way to ungrateful of our natural surroundings, and that we should alter our ways to preserve what is left. I also used an internet article by Carl McColman titled, ââ¬Å"Celtic Spirituality: an Interfaith Approach ââ¬â What is Celtic Spirituality?â⬠he also describes the Celtic Faith as being: ââ¬Å"â⬠¦earthy, natural, of the soil, of the clay. This is true whether your particular flavor of Celtic wisdom is Pagan, Christian, New Age, or some hybrid thereof. Celtic spirituality is the spirituality of land, sea, and sky; of the rocks and the trees and the animals; of holy wells and standing stones and windswept tors. The earth is our mother; we must take care of her . . . this is not only a native American sentiment, it is a truly Celtic sentiment as well.â⬠(www.druid.org) I felt this was a wonderful statement, because it was what I was thinking the majority of the time ... ...beautiful. à à à à à But through all this wonderful mental ââ¬Å"working out,â⬠I had one fear, the fear that sticks with me no matter where I go, the fear of failure. Whenever that thought crept into my mind, my body became so paralyzed with fear that I would get this immense sensation of being hot. I could feel my face turn a bright shade of crimson, and my eyes welled up with tears to the point that one time all I could do was break down. à à à à à I have to admit; coming into this assignment I was very apprehensive. It seemed really ââ¬Å"out thereâ⬠and a big waste of my time to sit alone for 5 hours straight. Even in the beginning, while I was there I was wary of it all. I almost had to laugh at myself at some points. But as my day carried on, I learned, felt, and absorbed so much, that now I feel ashamed for ever doubting it. And now I have this grasp of nature and spirituality as one common ground that I thought I would never have. I take the time to stop and think about if what I have been taught, or everything I believed to be true ever was. I question things instead of just accepting them. I go beyond the surface of everything in life now.
Principles of personal devlpment Essay
Data protection act Freedom of information act 1995 Aii) Human rights act Disability discrimination act 1995 Aiii) Human rights act Control of substances hazardous to health regulations 2002 Aiv) Care standards act 2000 Code of practice Av) Safeguarding vulnerable adults groups act 2006 Policies and procedures Avi) A PDP is a personal development plan and is done between you and your manager. They will record all information about your learning and development needs in work. Things like targets, agreed objectives and activities to meet them and standards that are required. These all build your own appraisal. Avii) Carers, members of staff that work with you. The individuals you care for and their family Supervisor, manager. Task B Case study Bi) Jenna must make sure that she respects other peopleââ¬â¢s beliefs even though they may be different to her own. She must go about this in a non-judgmental way. She should also read through peopleââ¬â¢s care plans to gain better knowledge of them and their needs. I also think Jenna should put her own beliefs to one side and then discuss with her boss any issues she may have. It is essential for carers to respect each and every individual as an individual, not letting anything affect this. Maybe she should also look back on how she has spoken to the service user and make sure she doesnââ¬â¢t come across as rude or nasty in the future. Bii) It is very important to reflect on your work activities as itââ¬â¢s a very good way to develop skills and make sure you understand everything. It will also give you chance to plan how you are going to behave if the situation happens again. You can make changes and improve the way you work, it is also very important to reflect on your own behaviour and see how it affects others. During these reflections itââ¬â¢s a very good time to find the help and support you may need to better the way you work. E. g. training sessions. When working in care it is important that you learn to think about your own practice in a constructive way. Reflection and evaluation should not undermine your confidence but you should use them in a constructive way to identify areas for improvement. Ci) Moving and handling course ââ¬â training session Knowing how to safely move a resident e. g. hoist. Skills ââ¬â risk assessment is needed for each person, which sling is safe etc. do they need a hoist. We need to know the risks because if the manoeuvre is not completed properly this can cause falls and accidents. Cii) During my senior training I received feedback during my senior training, on how to do peg feeds safely and effectively. My first time, I didnââ¬â¢t happen to flush enough water, so my assessor informed me of this, which then improved my skill as a senior to do my job role properly. I then had then knowledge and skills to improve my work role.
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