Category: Employment
India was hit by the IT boom a couple of years back and a lot of young college graduates started taking up jobs with these companies because it was easy to get jobs in these companies compared to the government sector. However, it did not take long for these people to realize that the private firms are not much concerned about the welfare of their employees; the only thing that they are concerned about is profit.
It was during this time that the government bank jobs in India regained their popularity and a lot of people started leaving these private companies to apply for government jobs. During this time the government also realized that it needed to make a couple of changes in the whole employment system so more people could get employed with government departments.
The Ministry of human resource and development conducted a couple of camps throughout the country in different colleges and universities to find out ways to increase employment opportunities. It did not take him long to realize that almost all government vacancies in India were available in the metropolitan cities; there were very few vacancies in the rural areas. The Ministry submitted a report to the central government and the latter chalked out a plan to put things in order.
The Indian government took a most important step to increase employment opportunities throughout the country and it was the dissolution of a number of trade unions across diverse industry verticals.
Prior to the Indian government taking any positive action, different trade unions across the country had a lot of power in their hands. Some sectors such as public transport, licensing departments, and the road construction departments had a lot of employees who were not under the direct payrolls of the government. These contract employees used to work on daily wages under government appointed contractors and had absolutely no job security. And most of the cases it was the trade unions who decided whom to employ and whom to reject.
The government was basically concerned about getting the job done; not the process through which the job was getting done. This fishy system also promoted a lot of corruption in the government departments.
After getting reports from the HRD Ministry, the central government put a complete ban on a lot of trade unions across the country and all those people who used to work as contract employees soon got absorbed into the system.
Among the discoveries that occurred then was that of the New World by European explorers, and the curiosity concerning these voyages of exploration plus the advent of the printing press meant that printed records of the Renaissance explorations were [soon] everywhere available, and thus Utopia as a product of this exploratory context is undeniable. This is apparent in that its central character is a sailor and that his impressions of the imaginary island of Utopia constitute most of Mores text, which is a cross between travel narrative and social satire. The above quotation from Utopia depicts the Utopian lifestyle, one that has benefits and drawbacks, and the references to work, corruption, and poverty highlight key aspects of any debate considering whether or not one would like to live in Mores Utopia.
The above extract begins with the lack of distractions that might otherwise keep Utopians from their work, but the use of evading and usual convey the familiarity and routine that accompanies employment in Utopia. Everyone has a job, which is a comforting thought in light of the levels of unemployment and the resultant poverty existing in sixteenth- and twenty-first- century England. Elsewhere, we learn that Utopians, of both sexes, are guaranteed work that is suited to both ability and interest: of the other foresaid crafts every man learneth one. And the women [] and if any person [] be desirous to learn also another, he [] occupieth whether he will. However, this employment system is very regimented. Each day begins at four oclock in the morning and consists of three hours of work, followed by lunch and a two hour break, then another three hours of work, then supper, and then everyone goes to bed at eight oclock, and eight hours they give to sleep. In this light the Utopians strict workdays seem more like that of prisoners than of citizens of a democratic nation like Utopia purports to be.
The extract also lists the lack of distractions and vices in Utopia, such as alehouses, brothels, hiding places, and places for secret meetings. Clearly, the rulers of Utopia recognise alcoholism and adultery as dangerous threats to social order, and the absence of opportunities for drunken and licentious behaviour is evidence of the importance of strong family and marriage bonds in Utopia, or in other words, More [] makes family life the most important institution among the Utopians, with adultery being a potentially capital offence. Yet in spite of this firm image of family and marriage, the words no hiding places, no [] secret meetings and in full view of all convey a sense of exposure or surveillance. The latter quotation highlights the Utopians lack of privacy, which seems a high price to pay in order to be perceived as behaving in a respectable way. Thus, there seems to be very little choice but to conform to social rules.
The final sentence of the above extract paints a very attractive picture of the quality of life of the average Utopian in the fact that it there seems to be no poverty on the island. This is apparently because everyone share[s] everything equally, which refers to the Utopians distribution of private property, as is described elsewhere in the book: this they do freely without any benefit, taking nothing again of them to whom the things is given [] So the whole island is as it were one family or household. The Utopian distribution of wealth ensures that there is no poverty or beggary in Utopia and this is an admirable thing, which thus also criticises contemporary attitudes to material possessions, or in other words: Utopians not only do without money but also despise [] the symbols of wealth to which Europeans were so attached. However, such a system does not tolerate individuals desire for personal possessions and this intrudes on ones personal freedom, and so if this were enforced in a real community certainly many would resent having to give up such personal possessions and privileges.
In conclusion, Mores Utopia with its guarantee of jobs and its lack of vices and poverty has many attractions, but it is doubtful that any modern person would want to live there in light of its regimented schedules and its demands on our personal freedoms and possessions. Moreover, Utopia clearly criticises the contemporary social values and practices of Mores time, and in this sense it is difficult to come to any certain judgements as to how seriously More meant the book as a blueprint for a realistic alternative society.
The appeal stages and court structure in employment disputes in the UK is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Employment Tribunal found race discrimination and made the record breaking 2.8 million compensation award. Abbey National Santander Abbey (the UK high street bank soon to be re-branded as Santander share, and being part of the Banco Santander Group) ended Balbinder Chagger’s employment in 2006, giving redundancy as the reason. However, Mr Chagger believed the real reason behind his dismissal was race discrimination. Mr Chagger (of Indian origin) was employed as a Trading Risk Controller. He earned around 100,000 a year and reported into Nigel Hopkins, his manager.
If an employee has suffered unfairness and/or discrimination in employment then he could decide to appeal. The first point of appeal may be to the employer, in the form of a formal grievance. The employee lodges the formal grievance with the employer. The employer is responsible for hearing the grievance and deciding its outcome. The employer is, thus, given the opportunity to deal with the employment dispute and to close it satisfactorily. However, Mr Chagger’s issues were simply dismissed out of hand by the Banco Santander Group company.
If the parties cannot resolve their employment dispute between themselves, then either party may appeal to an Employment Tribunal for an independent resolution of the dispute. Employment Tribunals will hear disputes concerning unfair dismissal, redundancy payments and discrimination. Mr Chagger eventually appealed to the Employment Tribunal by starting legal proceedings against both Santander Abbey National and Mr Hopkins on the grounds of race discrimination and unfair dismissal. The Employment Tribunal heard the case and concluded that Mr Chagger had been both dismissed unfairly and discriminated against on the grounds of race in respect of his dismissal, by both Mr Hopkins and Santander Abbey National. The Employment Tribunal took the rare step of ordering Abbey Santander to reinstate Mr Chagger in order to remedy the wrong of race discrimination it had committed. Santander Abbey National, however, refused to comply with the Employment Tribunal’s reinstatement order. Following Santander Abbey National’s failure to comply, the Employment Tribunal subsequently ordered Abbey Santander to pay Mr Chagger the record breaking 2.8 million compensation for his loss on the basis that he had not been reinstated.
The employee/employer that is dissatisfied with the Employment Tribunal’s decisions may appeal to the Employment Appeal Tribunal (EAT). The EAT will consider appeals against decisions made by Employment Tribunals. The grounds of appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the Employment Tribunal’s decision). The EAT will not reconsider issues of fact. Santander Abbey National and Mr Hopkins appealed to the EAT against the Employment Tribunal’s decision of race discrimination and against the award of 2.8 million compensation. The EAT heard Abbey Santander’s appeals. It decided to uphold the original Employment Tribunal’s finding that Mr Hopkins and Santander Abbey National had discriminated against Mr Chagger on the grounds of race in respect of his dismissal. However, it accepted Abbey Santander’s appeal on the record breaking 2.8 million compensation award and remitted the compensation matter to the original Employment Tribunal for reconsideration on the basis of the likelihood of Mr Chagger leaving Santander Abbey National’s employment in any case.
The party that is dissatisfied with the EAT’s decisions may appeal to the Court of Appeal, being the second highest court in the land. The Court of Appeal will consider appeals against decisions made by the EAT. Once again, the grounds of the appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the EAT’s decision). The Court of Appeal will not reconsider issues of fact either. The Santander Abbey National case was appealed to the Court of Appeal; the Court of Appeal’s website showed the case was heard this month, on 7 and 8 July 2009. The Court of Appeal’s records concerning the hearing were not available at the time of writing this article. According to 11KBW set of chambers, the hearing was limited to the issue of compensation only (i.e., not to the matter of race discrimination also). That would suggest that the wrong of race discrimination committed by Santander Abbey National and Mr Hopkins seems to have been finalised by the EAT, which upheld the original Employment Tribunal’s finding that Mr Hopkins and Abbey Santander had discriminated against Mr Chagger on the grounds of race in his dismissal.
The party that is dissatisfied with the Court of Appeal’s decisions may appeal to the House of Lords, being the highest court in the land. Any appeal to the House of Lords requires the Court of Appeal’s approval and the Court of Appeal must also certify a question of general public importance that the House of Lords needs to decide upon. Again, appeals to the House of Lords must be about points of law and not about issues of fact. The House of Lords is the final stage of appeal for most legal cases in the UK. However, rare cases may be permitted for appeal to the European Court of Justice, which has jurisdiction on matters of European Community law.
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There are many working individuals in the UK holding a Tier 2 work permit. This visa category allows them to work in the UK. An individual who carries a Tier 2 visa, but wish to change employment, needs to submit a change of employment application with the UK Border Agency.
If you too are planning to change employment and are holding a Tier 2 work visa, contact one of the best immigration consultants in Sheffield. They would offer you the best guidance on this matter. You need to apply with the UK Border Agency for getting this status. You will not have problem in getting a change of employment as you already hold a Tier 2 visa. Your employer will need to issue a Certificate of Sponsorship and this certificate needs to be submitted to the UK Border Agency. Once the certificate is issued, you will further have to make an application for FLR, which is Further Leave to Remain in UK under Tier 2 of the Point Base System.
Criteria for getting Change of Employment
The employer you wish to change must be registered and licensed sponsor with UK Border Agency
The employer you want to change must be willing to issue you a Certificate of Sponsorship
The employer you wish to change must be in a position to furnish all UKBA requirements
Applying for change of employment becomes very easy if you have the assistance of one of the best immigration consultants in Sheffield. They will help you from the beginning till end. When you contact them for your individual needs, they will help you submit a change of employment application to the UK Border Agency. They can help you with that if you already have a Work Permit for a job, training or work experience with any other employer. They will also be a great help if your designation has been changed in the existing organization or your duties and conditions of work has changed.
As quoted earlier, the process of applying with UK Border Agency for change in employment becomes hassle-free if you choose the services of a professional immigration law firm. When you do this, you can be rest assured that your immigration matter is in safe hands and the best strategy has been applied for your case. They will be able to guide you step by step and limit the possibility of failure by their expertise.
Fusco Browne is the author of the above article. They are a pool of highly qualified and experienced immigration consultants in Sheffield. They are the best visa experts in UK offering advice to individuals and corporate houses. If you want to know more about them, please visit www.fuscobrowne.org.uk