Employment Unfair and Wrongful Dismissal Procedural Unfairness

In October 2006, the case of Letherbarrow v Kindergarten UK Ltd [2006] came before the Employment Tribunal. An employee and his wife had both been directors and co-owners of the employer company. The employees wife was the majority shareholder, although she was an employee as well.

The employees marriage with his wife broke down. He was summarily dismissed for gross misconduct on 10 September 2005. A number of issues relating to his conduct were complained of, the most material of which was the allegation that on 7 September he had taken the sum of 600 from the employers safe without consent. He appealed against his dismissal but was unsuccessful. The employee then began Tribunal proceeding on the grounds that he had been unfairly and wrongfully dismissed.

At a pre-hearing review, the Tribunal struck out the employees two claims on the grounds that they had no reasonable prospect of success. From the answers given to the Tribunal by the employee, the Tribunal adduced that he had in fact taken the 600, an act which clearly amounted to gross misconduct, and that therefore his dismissal had been within the reasonable range of responses available to the employer. The employee appealed to the Employment Appeals Tribunal (EAT).

The employee argued that the Tribunal had erred in taking for granted the employers reason for his dismissal, especially as the employee had disputed its genuineness. He had made it clear that the allegations leading to his dismissal had been linked to the breakdown of his marriage. In such circumstances the Tribunal should have adopted a different procedure.

The appeal was allowed. The EAT ruled:-

* that the Tribunal had not heard evidence from the parties before reaching its decision.

* As the employee had made allegations concerning the impropriety of the proceedings brought by the employer, the case was not suitable for the summary procedure used by the Tribunal.

* The tribunal should have considered that even though the taking of the sum of 600 from the safe could have amounted to gross misconduct, the employee may not have needed permission to do so as he was a director of the employer company.

* Furthermore, the Tribunal had neglected to consider the procedural fairness of the dismissal.

Under the above circumstances, the Tribunal had erred in striking out the employees claim. The EAT ruled that the should be heard before a fresh tribunal for reconsideration.

RT COOPERS, 2006. 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.

Media Law & employment law firm advising media and entertainment industry films, TV, Television, Music lawyers, Media Lawyers, Entertainment Lawyers Media Contract, Employment solicitors,employment law, employment lawyers, employment law firm, Redundancies, Unfair Dismissals, Breach of Contract, Workplace Disputes, TUPE Transfers, Drafting Employment Contracts, Grievance Procedures, Disciplinary Procedures, Maternity Rights,Discrimination, Employment Disputes, suspensions, wrongful dismissal,Equal Pay, Media Copyright. Please contact us for advice on employment law at enquiries@rtcoopers.com or visit http://www.rtcoopers.com/practice_employment.php

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Traditional Mesothelioma Treatments: Enhance Your Lifespan

If you have or know someone with mesothelioma then you know it's an awful way to live your precious time on earth. The general lifespan of a person diagnosed with pleural mesothelioma or peritoneal mesothelioma is from 1 to 3 years. That figure varies from person to person depending on their age, general health and stage of the illness. Meaning a mesothelioma infected person may live even less than that.

This is all very sad and gloomy, but with traditional mesothelioma treatments life could be enhanced by eighty to a hundred percent. These meso treatments vary from surgery, radiation and chemotherapy. Regrettably these procedures don't cure the cancer; they just act on symptoms and try to alleviate the patient from as much pain as possible.

Radiation

Inside the traditional mesothelioma treatments, radiation is considered to be the best. Although secondary effects like skin irritation, hair loss and even nausea can accompany this treatment, your lifespan is expanded the most. This procedure tackles infected areas only so your whole body won't be bombarded by the rays.

Chemotherapy

It could be bitter at the start, but sweeter in the end. Causing nausea, hair loss, fatigue, general dehydration, between other side effects; it has been proven that infected cells die and are prevented from regenerating further more.

Surgery

This could be the most common of the mesothelioma treatments. No severe side effects come with this procedure. It's generally about going inside your body and removing tumors and affected zones with mesothelioma.

Future Mesothelioma Treatments

The National Cancer Institute of the United States is very much aware of this illness and is in the top 10 of their diseases to eradicate. They promote clinical campaigns that let the patient be part of and try to find new and more efficient and cost effective mesothelioma treatments. This is so because current treatments cost thousands of dollars and they should be available for everyone.

After certain events in his life, Ermenegildo Billar has dedicated years of his life to understanding and helping people with the malignant mesothelioma. For your comfort he decided to create http://www.infothelioma.com so you can have easy access to his research.

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Microsoft Outlook Traveler Secret Advantage

If you want to become a better traveller, you can skip some of those how-to books penned by armchair road warriors

Instead, fire up your laptop computer and open Microsoft Outlook. Yes, I'm talking about that ever-present application that handles e-mail, scheduling and some word processing tasks.

Make the Most of Your Laptop

Odds are pretty good that you've got a copy of it installed on your laptop, and that you take your portable with you when you travel. (Regarding the latter point, a recent survey by Harris Interactive found that more than one in four laptop PC owners say their machine is one of their "most prized possessions," and nearly a third said they've regretted leaving it at home on trips and have turned around to retrieve it on at least one occasion.)

Outlook is to travellers what a paper clip is to MacGyver. It does a lot more than you think. (My apologies to those who aren't familiar with television show which had its heyday in the 1980s and '90s.)

Using Scheduling Features for a Trip

Marielle Barnes, a consultant in Bangalore, India, counts on Outlook's scheduling features to make her trip fall into place. "I use the task manager to keep my 'to-do' list in order," she says. "I organise the tasks by city, and type of function, so that items get grouped and can be easily completed in a stretch." An alternative is keeping her itinerary on a calendar or a personal digital assistant. But if the laptop is coming along for the trip anyway, why not use what you've got (especially when it has a bigger screen than a PDA)?

Robert Hanson relies on Outlook and a third-party application called Xpressions to access his e-mails from a phone - a nifty feature if you happen to leave your laptop at the hotel. "Outlook saved me from wasting money on a plane ticket by finding out the same day that I booked a non-refundable ticket that the meeting was supposed to attend was cancelled," says Hanson, from Wilmington, Del. "So I was able to cancel the flight without penalty."

Outlook has bailed me out a few times, too.

My favourite feature is the contacts manager, which has rescued me more often than I'd care to admit. How's that? I usually print a full itinerary with phone numbers before I leave on a trip. (Call me old-fashioned, but with a piece of paper you never have to worry about a low battery.) Being hopelessly absent-minded, that schedule has gone missing numerous times. Fortunately, I was able to retrieve the key addresses and phone numbers from Outlook rather than completely unpack my luggage in the middle of the terminal.

A Traveler-Friendly Upgrade

To say that Outlook has been underappreciated by the jet set in the past might be an understatement. But that is changing. Microsoft Outlook 2003 is designed even more with travellers in mind.

Here are a few of its handy features:

• Find it faster. Outlook helps you make sense of all the e-mail you receive on the road. Its new Search Folders - "virtual" folders that contain views of all e-mail items matching specific search criteria - let you quickly separate the important messages from the ones you want to ignore. Search Folders also flag priority messages first, so you don't waste time reading spam.
• Keep junk mail out. Speaking of spam, the new Junk E-mail folder separates out most of your junk mail into a separate folder, helping to un-clutter your inbox.
• Work without a Net. If you use an e-mail account through Microsoft Exchange Server, you can work offline while you're out of the office or if your connection is too slow. Outlook only tries to connect to the server when you ask it to or when you choose to do so in the "Send/Receive" groups.
• Mine your business contacts. The new Business Contact Manager feature, which integrates with Outlook, turns your address book into a powerful tool that can create, track, and manage your business contacts, sales leads and opportunities. Perhaps the best thing about Business Contact Manager is that it's as intuitive as the old Outlook, so you don't have to spend hours reading a manual before you can use it.

Cool "Feel" to Outlook 2003

Think of the latest version of Outlook as MacGyver trading in his screwdriver for a power tool. Both gizmos worked fine, but somehow that drill just looks cooler. (Indeed, the new icons and "feel" of Outlook have my friends who use older versions or other e-mail systems drooling.)

But best of all, the Outlook 2003 with Business Contact Manager promises to make me more productive on the road.

As the publisher of a travel e-mail newsletter, I was particularly impressed with integrated features that allowed me to send personalised messages to designated contacts, with the help of List Builder. In an age when clients are less likely to accept "I was travelling" as an excuse for missing deadlines, that's something that will probably help me keep the customers I have. And maybe find some new ones.

With Outlook 2003, the learning curve is steep on a few functions - I'm still trying to figure out how to get my navigation pane to do what I want it to, for example - and users of the old Outlook will have some adjusting to do.

But it won't take long to get the hang of it. And once you do, the new Outlook will become an even bigger reason (if you need one) to bring your laptop on a trip.

Christopher Elliott writes about small business travel and mobile computing, and publishes a weekly travel newsletter

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The Importance of Having a Tenancy Agreement

This gives people greater privacy, more freedom, and better chances of socialising. In fact, it may be noted here that tenancy is rising as a practice in all the developing countries as well, as the generation becomes more and more mobile. Like everything else in the market, the price is also rising with the increase in demand. So rents are on a steady climb wherever there is development taking place, brining in other people from other areas in its wake. Most importantly, this migration is increasing internationally too, and no one in their right minds wants to buy another house the moment they land on a foreign shore, nor will they be allowed to do so.

Given the rising tide of rented homes, a tenancy agreement has become more important now than it was before. This is, as the name suggests, an agreement between the tenant and landlord as to the terms and conditions of the tenancy.

Why is it Important to Have it?

There are several reasons that may be given in favour of tenancy agreements.

• Given the high rentals, it is more likely than ever before to have a disagreement later on. So it is best to clarify matters right at the onset.
• The practice of taking a lump sum of money as security deposit has become a common norm now. Since this is quite a bit of money, one should make sure it is legally bound somehow.
• There might be conflicts over any other matter ranging from water tax to who actually owns the sofa. These details need to be recorded somewhere before the tenant moves in.
• Looking more to the positive side of things, the tenant is usually someone new to the city or region. The tenancy agreement is a very good address and identity proof for the newcomer. He or she will need it to open a bank account, show it while taking up a job or joining a study course, and in case of any other such needs.

What Should One Contain?

Any agreement is drawn keeping certain rights and duties in mind. In this case, the agreement shall state all details that will hold the tenant responsible for the following:

• Paying the rent on time and rendering the correct amount
• Repairing any damages done to existing property
• Keeping the house clean and healthy
• Agreeing to pay the bills, if that is decided
• Maintaining a basic security as in locking doors, having a bell etc.
• Returning the property as it was when it is time to leave
• Give the agreed amount of security deposit when the landlord demands it
• Informing the landlord of any decision to end the tenancy within the agreed notice period required by the landlord.
• The responsibility of any guest who visits the tenant belongs to the tenant
• Whether the tenant may share the apartment with any other person or persons. In that case, what is to be done about the payment? All of them should hand over all keys of the property before leaving it for another place.
• Whether pets are allowed or not

What could Happen if One Does Not Have it?

In the absence of a tenancy agreement, a lot of very unfortunate things can happen.

• The tenant may refuse to pay rent on time, or create problems over the deposit amount.
• The landlord may suddenly hike the rent without warning. He or she may even refuse to part with the caution money.
• There may be disputes over who will pay which bill/tax and why.
• There can be problems over who owned which piece of furniture.
• In case of any serious security problems concerning the activities of either party, the police would need to have a proof of the tenancy.

The Uses of the Agreement

Both the landlord and the tenant are entitled to use the tenancy agreement to serve any of the purposes mentioned above and resolve any conflicts.

James Walsh is a freelance writer and copy editor. For more information about Anti-Gazumping measures see http://www.anti-gazumping.co.uk

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Personal Injury Lawyer Helps In Recovering Compensation

Lawyer is one person who can take you out from any legal tangle and that too without many hassles. One of the chief advantages of having a personal lawyer is that you can contact him at point of time and discuss the matter or your case in emergency. There are a variety of cases that may come across you in your life. Accidental case, personal injury case, theft or fraud case, criminal case and many others are there that are handled by various lawyers. If you happen to stuck in personal injury case, then personal injury lawyer will surely help you out.

Anytime in your lifespan you can encounter such situations that drag you in personal injury case. It may happen that someone has hit you or your vehicle by car and you are hurt because of that. This is the absolute case of personal injury and a qualified personal injury lawyer New York will help you in getting compensation from the party that is at fault. Usually, what happens is that you have to file a suit first in the court and then send a notice to the defaulter for appearing in the relative court. After that your personal injury lawyer would present your side before the court. Well, such sorts of lawyers are of a great help to all those people who are willing to recover a sum of money from the opposition party, as compensation.

Recovering any compensation from any company or personal requires a lot of legal nuances and personal injury lawyer is quite proficient in handling these matters. It is always better for you to hire a personal lawyer, rather than going to public prosecutor for such cases. There are lots of personal injury lawyer that are present in New York and many other states, that can guide you through the proper legal pathway of going ahead in the case. They will tell you about the possibilities of opposition that you might come across during the case and their solutions. Many of them also acquaint you with those conditions that may drag you in trouble.

Well, a personal injury can be of any sort. It may happen due to any kind of accident, some medical malpractice or even due to theft in your premises. While hiring the personal injury lawyer, you need to take care that they are properly qualified for handling your case. It is better you discuss the case with some experienced professionals and not with amateurs. The reason behind this is that experienced personal injury lawyer will have a firm hand on latest and previous laws related to your case and will be able to chalk out solutions to all your problems.

If you are not able to find a personal injury lawyer in your area, then the best option would be to search on internet. On doing so, you will not get to know about numerous personal injury lawyer, but also about their addresses and contact information. This will enable you to have a direct conversation with them and discuss the case. Along with this information, you will also get to know about the rates they charge for providing their services. In this way, you will have complete information about them and will be able to hire the suitable one.

Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New York lawyer, Personal injury lawyer New York, Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit http://www.pulversthompson.com

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Couple Wedding Showers - Jack and Jill Never had this Much Fun!

Make room for the guys, ladies! Couple or "Jack and Jill" wedding showers are on the rise as more and more couples are being honored together by their friends and families. Unlike the traditional finger sandwich and pastel decor type shower, a couple shower is more casual and usually involves a meal or heavy hors d'oeuvres. Depending on the time of day and event, beer and wine is often served too.

Hosting a shower for gals and guys may seem like a big task but with some smart planning and a little preparation it can be pulled together easily. The secret is to start with a theme and the rest starts to fall into place. So let's get started!

Determine a budget. This should be your first step. Decide how much you can and are willing to spend. Determining a budget will help guide the many decisions you'll face during the planning stages.

Create the guest list. Obviously this should include anyone the couple would want there. Ask the couple, family and friends to ensure you are including those that should attend. This is also the time to ask for contact information. Be mindful of your budget and limit the list accordingly.

Choose a theme. This is where the planning gets fun! Pick a theme that fits the couple's personality and will be enjoyed by a mixed guest list. Here are a few theme ideas that work will for couple wedding showers:

Honeymoon Shower - This theme centers around the couple's honeymoon destination. Decor, food and gifts reflect the destination such as a luau theme for Hawaiian or tropical destinations; outdoor gear for adventurous outdoorsy ones. Other items may include maps, travel guides or luggage.

Health and Fitness Shower - Is the couple into fitness or sports? Reserve the rock-climbing wall at a local sport center or take this coed shower to a park or beach. Organize a golf, tennis, volleyball or racquetball tournament. Maybe a night of bowling!

Stock the Garage - His and hers power tools! Maybe the happy couple will be buying a fixer-upper or planning a house remodel? Is the bride or groom a car buff? Race car fans? How about car cleaning or maintenance supplies. Perfect for a barbeque menu.

Stock the Bar Shower - Forget the pantry, how about stocking the bar. A great idea for couples who frequently host parties. Guest buy top notch alcohol and bar supplies.

Wine Tasting Shower - Organize a wine tasting event in honor of the couple. This can be held at a winery or local cafe. Guest could bring wine and bar related gifts.

Couple Shower Cruise - If you are lucky enough to live near water a shower aboard a local cruise or tour vessel is a great setting for a fun shower. Even better if the couple is into boating.

High-Tech Shower - For the high tech couple, create a cyberspace-age atmosphere. Use floppy disks as coasters and give custom-made mouse pads personalized with a photo of the couple, their names and wedding date as party favors. Send paper email invitations instead of snail-mail paper! Guests could give gift certificates for high-tech shopping.

Choose a day and time. Three things to note here: 1. Timing the invitations is important. Invitations should be sent four to six weeks before the event. This needs to be factored-in when choosing the day. 2. Timing the couple's schedule. It's best to get a list of the couple's available days and times - won't be much fun without them! 3. Also, think about your schedule. Make sure you give yourself time to complete and execute the shower plans without the unnecessary stress of time constraints.

Plan the fun! Above all else, your shower should be fun! Planned activities and games will break-the-ice and get the party going. A variety of group and individual games will ensure a good time for everyone. Play music to set the mood. Just loud enough to hear but not drowning-out conversation. Make sure the couple is the center-of-attention in all activities.

Organize helpers. There are many stages of the party where help will be needed. Areas to concentrate on are food prep/serving, taking photos, conducting games, organizing and recording the gift-opening sequence, packing/transporting gifts and party clean-up.

Party favors. This is not always necessary but it is nice to give each guest some small token of thanks for their attendance. This can be as simple as a slice of cake to-go to a beautifully wrapped party favor gift. Again the watch cry is - budget!

There you have it, plans for the perfect couple wedding shower! Have fun and remember, no matter what the budget, theme or venue; you'll be appreciated for the care and time you put into their special day. Whether you spend $100 or $1000, it's the thought and effort the couple will remember and appreciate. Keep it fun and you can't go wrong!

Terri Hunziker founded GamesAndLetters.com. Games and Letters provides hundreds of printable games -- bridal shower games, baby shower games, Christmas party games and more! For immediate access to hundreds of fun games and ideas for your next party, visit, gamesandletters.com

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The Essentials Of An Effective Body Building Training And Workout Program

Men and women frequently wonder about the components of the best body building training and workout program. This article will discuss the fundamentals of the best program for bodybuilders.

The most effective program is not all about lifting weights. A good eating plan, lifestyle and environmental factors also play an important part.

When you are looking to improve your physique you need to understand what your body is capable of doing. It is important that you avoid injury as much as possible and start with smaller workouts and slowly build them out. While weight training is a very important part, it is not everything.

Your workout should include targeted exercises that work specific parts of your body at a variety of intensities. It should also be able to be customized according to your athleticism and your increasing fitness and strength.

A healthy eating plan is a vital part of your day. In order to increase muscle bulk you need to know that your body and muscles are getting the right nutrients, vitamins and minerals in order to bulk up and to increase your energy levels to be able to work harder in your routines.

It is essential that your diet includes a lot of protein and carbs. While unsaturated fats should be restricted good fats are essential also.

It is also important that you don't workout too excess. If you overdo it you can decrease your effectiveness and also increase your chance of injury which will ultimately slow your progress down.

Sleep is another important factor. As your muscles actually grow and heal when you are sleeping it is equally critical that you get at least 8 hours sleep every night.

Each muscle group requires a specific type of exercise for the muscles to grow at their maximum capability. Your exercise regime must include targeted excersises that will work every muscle group that you are aiming for and also tone your whole body.

I put body building exercise programs to the test and have just published my results. Check them out now at the website below!

Copyright 2007. Body builders are spending a fortune on body building products that just dont work. Thats why I put the so-called best body-building products to the test. Not all body building weight training products are created equally, nor do they live up to the amazing results that they promise. The shocking truth is exposed at my body building weight training review site. Only go with body building weight training products that you trust. To find out more go to http://www.body-building-natural.blogspot.com.

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Proper Nutrition

Life, these days, is at such a fast pace, many people do not take the time to eat properly, thereby shortening their lives. When people do not eat right, their body cells cannot repair themselves. It is increasingly difficult to supply the family with the proper nutrition, because of the depletion of minerals and nutrients in farmland.

One would benefit greatly by using a nutritional supplement to enhance health, to empower the immune system.

Barley grass was discovered to be one of the most balanced nutritional foods in nature. Some of the known benefits are:

* Provides essential nutrients
* Increases energy levels naturally
* Improves digestion and promotes regularity
* Naturally alkalizing
* Strengthens the immune system
* Improves hair, skin, and nails
* Provide crucial nutritional support during dieting and cleansing
* Contains anti-inflammatory compounds
* Provides a diversity of antioxidants
* Supports a healthy cardiovascular system
* Promotes mental clarity
* Helps to prolong our youthful vigor

Barley grass can be made into a nutritional drink with an abundance of live enzymes, vitamins, minerals, and antioxidants. Nutrients, enzymes, vitamins, and minerals are the life force of the body's immune system, which gives the body the power to fight disease and illness. Fruits, vegetables, and grains are healthy, high carbohydrate foods with vitamins, antioxidants, minerals, and provide a great source of fiber.

To maintain a healthy lifestyle and promote the highest quality of life we must replace the nutrition that the body uses each day. When foods are heated above 122 degrees it, loses nutritional value. This is why your food should be eaten as close to the tree or bush as possible.

It is better to eat homegrown fruits, vegetables, nuts, and grain from the field, bush, or tree, before it is frozen or canned. Sometime it is not possible.

Be good to yourself get healthy and stay healthy. Eat properly and get the rest you should, live a long life.

Carolyn Bell Smith, committed to helping others improve their health and lifestyle. http://www.yourhealthrenewed.com ezine_newsletter@getresponse.com

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