Category: Employment
n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.
Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded “Pub Manager of the Year”. However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.
He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.
Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.
The first instance court ( Swansea County Court ) held that:
Bass had not taken reasonable steps to ensure that Mr Hone did not work over 48 hours, which was likely to cause injury to his health, and that resources were available to employ more support staff for him; and
Bass should pay Mr Hone 21,000 in damages.
Six Continents (formerly Bass) appealed this decision to the Court of Appeal who upheld the Swansea County Court’s judgment.
Comment: This case highlights the importance of not imposing excessive working hours on employees and ensuring that employees have sufficient staff support.
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RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Many companies operating fleet who introduce a vehicle tracking system for the first time would, of course, be concerned in the impact on their employees when installing mobile workforce tracking or a GPS vehicle tracking across their entire operation.
The rise of commercial vehicle tracking across the relevant industries dependent on running the most cost-effective and efficient fleet they possibly can has meant many changes of working practice, not least for the vehicle drivers.
Introducing change of an employees working conditions, obviously requires great care to be taken, not least from a legal point of view and how it affects their individual contracts of employment.
Essentially, there are two key differences to be determined when instigating mobile workforce solutions:
Business use only or – Business and Personal use.
Business Use …
Fitting a vehicle tracker into a vehicle to be used only for day-to-day, strictly work related business, e.g. delivery van, it is recommended that employees driving the vehicle should be informed not only that the system will be fitted, but also why it is being fitted, how it works and exactly the nature of the data to be collected and what its use will be and how it is intended to benefit everyone at the company.
It is important that employees fully understand and appreciate all the objective reasons for wishing to obtain the information that will be provided from the system and why it is needed to help with business efficiency and improvement. Concerns and objections raised by employees obviously need to be discussed to reach agreement on fitting the system but legal advice should be sought if agreement cannot be reached.
Business and Personal use…
Essentially, the same considerations as in business use only but with the addition of taking into account that the system will provide data on the vehicles movements outside working time. Concern may be raised by employees that this data could be used to obtain information about their private lives and if so, could be seen as an infringement of their human rights.
Once again, it is strongly advised and to be made absolutely clear that the data collected by the system will only be accessed for data relating to working hours only, unless the vehicle is stolen or in an accident. Employees need to know as to who will have access to the data and its use for business.
Company contracts of employment should be redrawn so there should be clause which allows for the fitting and/or use of the system in any vehicles provide for company/personal use.
People, in general, like to be open to opportunities which gives them different options, especially in the field of employment. Nowadays, a number of companies in India have become existent, which lets people have these kinds of opportunities. Companies and agencies like RRB, NIC, NMDC, etc can be highly alluring for the candidates, especially those who have passed out recently because of their stature in Indian society.
RRB or Railway Recruitment Board is present in 19 different railway zones of the country, which presents a large number of employment opportunities. It is known to everyone that the Indian Railways is one of the largest recruiters in the world and the majority of the recruitment in the railways, is done through the different railway recruitment boards in the country. Therefore RRB recruitment 2013 is an opportunity for people to get to the jobs and increase the chances of improvement in their lives. Starting from the grade 4 vacancies to the various posts such as railway station master and such, most of these recruitments are done through the RRBs, which are spread in different parts of the country.
There are different reasons for employment in the railways and one of the many reasons why people have been coming for the RRB recruitment 2013 is that of the large number of options that the railways present. National Mining Development Corporation is a Navratna company under the Ministry of Steel in India. It is one of those public sector enterprises of India, which bring strength to the Indian economy and a variety to the employment opportunities. To be a part of NMDC is a matter of pride for the recruits and they are opting for the company because there are a number of jobs found with the company.
NMDC recruitment 2013 is therefore sought by people, usually after they pass out from their education. Starting from pharmacist post to that of the engineers, there are plenty of vacancies published by the public sector company for the people who are interested to work in one of Indias leading PSUs. Also, there are a number of offices and mining units under the NMDC, where recruitment is going on and the massive expansion plan is to be rightly corroborated with the help of NMDC recruitment 2013.
Another major company under the Government of India is that of the National Informatics Centre, which is responsible for various IT related works. These activities are carried out in large numbers in the country, now that the government is trying for computerisation and IT linking of the various organisations. Due to the rapid rate of work going on through the NIC, the NIC recruitment 2013 is a prospective time for the students who are seeking to get into various posts in the National Informatics Centre.
For the present, there are vacancies announced for scientific officers and Junior Research Fellow in different places of NIC offices. These are opportunities which people will not be leaving out because they have the potential to put a big jump in the careers of people. The variety of jobs has been the primary reasons, for which people from various areas of the country have been coming out for vacancies in NIC, NMDC and RRB.
The biggest mystery in some minds is how to secure the funding necessary to buy a home, despite having a low credit rating. The sheer size of the loan needed to complete the purchase is staggering. And yet, securing mortgage loans with bad credit ratings is viable and common.
But applicants that believe securing mortgage approval under these circumstances is impossible miss the point. Lenders actually want to lend money, it is just the protective policies they apply that can get in the way. Once the criteria is met and the lender feels assured, approval is all but definite.
The question is how to convince the lenders to the degree that bad credit scores are overlooked and the mortgage loan is granted. Well, there are a few simple measures to take that will do the job, but here are three of the most effective.
Offer a Big Down Payment
It would be foolish to overlook the significance of down payments. Indeed, it can be a major advantage when applying for mortgage loans with bad credit. This is for two reasons: firstly, it affects the size of the mortgage required; and secondly, it reflects the character of the applicant.
A down payment represents a share of the purchase price that is bought out immediately. So, a 5% down payment on a $200,000 property translates to paying $10,000 off the price. This means that a mortgage of $190,000 is required. But a big down payment, of say 20%, means that the sum borrowed falls to $160,000.
Securing mortgage approval is easier as the loan amount falls, but the impression saving up a large down payment has also impresses the lenders. Saving $40,000 is no mean feat in these difficult times, requiring real financial discipline. This is the kind of discipline that lenders want to see in the people they approve mortgage loans to.
Address the Low Credit Score
Another move that impresses the lenders is taking measures to improve the credit score that the applicant has. When seeking mortgage loans with bad credit, the influence that the credit score has can be the difference between monthly repayments that are affordable and too expensive.
There are several ways to improve a credit score. A popular way is to take out a series of small payday loans, perhaps of $1,000, and then repay them in full when the next paycheck arrives. However, each time the loan is repaid in full, the credit score is adjusted accordingly. As the score gets higher, securing mortgage approval gets a little easier.
Alternatively, a larger loan could be taken out to consolidate all of the existing debt, replacing numerous loans with one central debt that is easier to manage. Then, when applying for the mortgage loan, the higher score means lower interest rates.
Prove Secure Employment Status
Finally, perhaps the most basic step to take is to prove that your employment status is secure. This can be difficult given the uncertainty of the economy, but those employed long term are in a stronger position to convince lenders that repayments will be made. So, getting a mortgage loan with bad credit is easier.
Providing all the necessary documentation is essential. A photocopy of a paycheck will confirm the monthly income while a copy of an employment contract can confirm the job is more than just a short-term position. Securing mortgage approval can rest on these few aspects of the application.
However, keep in mind the debt-to-income ratio too, with a maximum 40% of the excess income reserved for debt repayments. This means that even with all the boxes ticked, the share of available income is not enough. Therefore, the mortgage loan has to be rejected.
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