Employment Law--Case Report [British Nursing Association v Inland Case Study

Employment Law-- Report [British Nursing Association v Inland Revenue] - Case Study Example In some countries (such as Canada), employment laws related to unionised workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries." 1 "In this case the EAT held that nurses providing a telephone service from their own homes at night were working throughout the night, even though they were able to do as they wished and might be asleep between telephone calls. The employees provided emergency nursing cover for nursing homes through a booking service that was staffed by qualified nurses 24 hours a day. During the day the service was provided from various offices but at night it was provided by nurses working from their homes. The Inland Revenue NMW Compliance Team served an enforcement notice on the employer. The Employment Tribunal considered that there was essentially no difference between the day workers and the night workers, except that the night workers worked from home. The Tribunal therefore concluded that the nurses were working for the whole of their night shift. The EAT upheld the decision of the Tribunal. ... four aspects: the nature of the work; the extent to which the workers' activities were restricted or unrestricted when they were not dealing with telephone calls; the way in which the parties approached their mutual obligations and the way remuneration was calculated; and the extent to which the period during which work was performed was ascertainable. The fact that the nurses were remunerated according to a shift system illustrated the nature of the obligation, since the employer would not be expected to pay them for time when they were not working. The EAT considered that the nurses' situation was different from that of other home workers because they could not choose the periods of time during the night when they answered the telephone calls. The continuing obligation to hold themselves ready to answer the telephone throughout the night was an important element in considering which periods of time constituted work. The main issue was what was to be regarded as their "actual work". The EAT emphasised that the task is to look at all the facts of the case, rather than trying to apply a general rule or categorise the nature of the work involved." 01 Further more detailed description of type and work of National Minimum Wage Compliance Team is as Follows: "The National Minimum Wage Compliance Team is an arm of the Inland Revenue charged with the task of enforcing the minimum wage with extensive powers to bring infringing employers to the Tribunal. It has had a remarkable track record of success with well selected and well prepared cases. The result is greater compliance with the NMW, more money for workers and more tax and NI revenue for the Treasury. British Nursing Association -v- Inland Revenue ( National Minimum Wage Compliance Team ) concerned workers who

Identify the main cause , both direct and indirect of the civil war Research Paper

Identify the main cause , both direct and indirect of the civil war. Explain how they led to the civil war. What was the most im - Research Paper Example In the years before the Civil War all the issues were centered on the issue of slavery. This started with the debates made on the three-fifths clause on the Constitutional Convention of 1787. It further proceeded with the Compromise of 1820, the anti-slavery Gag Rule, the Nullification Crisis, and finally the Compromise of 1850. In the first half of the nineteenth century slavery was supported by the Southern politicians. They maintained the control of the federal government. Though they had most of their Presidents hailing from the South, they were very serious about maintaining a balance of power in the Senate. New states joined the Union and several compromises appeared to keep an equal number of free and slave states. In 1820, Missouri joined as a slave state and Maine came as a free state. The balance got disrupted in 1850 as Southerners allowed California to come as a free state in return for laws upholding slavery. The balance was later disturbed with the joining of free Orego n and Minnesota. The increase of the gap between free and slave state illustrates the changes happening in each region. When South, with a slow population growth, adopted an agrarian plantation economy, North adopted industrialization. They had large urban areas, with large infrastructures. They witnessed increased birth rates and a large inflow of European immigrants. The increase in population made South to keep a balance in the government. This lead to the addition of several free states. An anti-slavery president was also appointed. The political issue that ultimately took the nation towards the war was nothing but slavery in the western territories acquired during the Mexican-American War. The same case was earlier considered in 1820, when slavery was permitted in the Southern border of Missouri. Rep. David Wilmot tried to prevent slavery as he brought the Wilmot Proviso in Congress. After long debate it got defeated. Attempts were made to solve the issue, but failed. The issue appeared again in 1854 with the Kansas-Nebraska Act. Kansas-Nebraska Act resulted in an arrival of pro- and anti-slavery forces into Kansas. Free Staters and Border Ruffians continued open violence for few years. Even though the pro-slavery forces in Missouri influenced the elections, the President Buchanan accepted the Lecompton Constitution. Though he put it before Congress for Statehood, they rejected it. Congress ordered fresh election. The anti-slavery Wyandotte Constitution got it appeal from Congress in 1859. The fight in Kansas increased the problems between South and North. As the South understood that the control of the government was getting weak, it considered the rights arguments of the states to protect slavery. According to Southerners, federal government has no rights to interfere in the rights of the slaveholders and take their property into a new territory as per the tenth Amendment. They said that government should not interfere with slavery. The issue of slavery got worsened by the coming of the Abolitionist movement in the 1820s and 1830s. Adherents said that slavery is not just a social evil, it is rather a practice which is morally wrong. Abolitionists cried for the freedom of the slaves. They campaigned for anti-slavery causes and demanded the abolition of slavery. They supported anti-slavery caus